northampton county court, all details wrong.

[boltonfella]

i hope someone can advise my best course of action to take here .

 

briefly my wife used a car which is owned by me but she isn`t covered for insurance wise

 

whilst out in the car she had to manoevere out of a parking space when she clipped another vehicle ,

foolishly she then drove away without leaving details .

 

the next morning a traffic cop arrived at our home took a statement from my wife

in which she readily admitted her guilt and she subsequently had to attend the local magistrates court

and was fined and her licence endorsed .

 

out of the blue i received a letter from northampton county court with a statement prepared by some solicitor

claiming that i was the driver and

that i had been driving along the road when i carlessly lost control of the car ,

veered across the road and collided with his clients vehicle ,

all this of course is completely untrue and absolute nonsence .

 

there is a claim for £360.00 in repairs for the damaged car

and £50 solicitors fee and a further £50 court costs .

 

could someone please advise on my best course of action here ,

 

there is a letter / form attached with the paperwork for me to respond

but im not very clued up with the legal system .

[honeybee13]

Hello there.

 

Can you type up the particulars of claim [POCs] please, without personal details. And what is the date on the top right of the form?

 

HB

[BankFodder]

Also - has there been any advance correspondence about this?

 

You say that all the details are wrong. What details?

[BRIGADIER2JCS]

Is the claimant an individual or an insurance provider?

You need to acknowledge the claim and state you untended to defend in full.

The claimant will have used the name and address of the "registered keep" here not the

details of the driver.

Not an unusual occurrence.

 

 

It seems that the claimant has not had any details of your wife's statement and has invented an "event" to make the claim.

[boltonfella]

the date on the top right hand of the form is 20/06/2014 .

 

the particulars of the claim are ;

 

on the 4th day of decemeber 2013 the claimants fiat ulysees motor vehicle registration number --02--- was parked and unattended in ------- st farnworth when at approximately 14.20 the 1st defendants ( my name ) was driving a volkswagon polo motor vehicle registration number --51--- when he lost control of his vehicle and collided with the claiments parked and unattended vehicle causing the claimant to suffer loss and damage .

 

2. the 2nd defendant was the insurer of ( my name ) and --51--- for the purposes of sections 143 and 145 , or alternatively section 151 (2) (b) of the road traffic act 1968 and by virtue of regulation 3 of the european communities ( rights against insurers ) regulations 2002 the 2nd defendants are obliged to indemnify the 1st defendant and satisfy the judgement directly to the claimant .

 

3. the claimant says the 1st defendant was negligent because of the following matters :-

 

particulars of negligence

 

(1) he failed to keep any or any proper look out ;

 

(2) he failed to heed the presence of the claimants vehicle in good time or at all ;

 

(3) he drove into collision with the claimants vehicle when by exercising proper care and skill he could avoid doing so ;

 

(4) he failed to brake , steer or control his vehicle so as to avoid an accident ;

 

(5) by reason of the above matters the claimant suffered loss and damage .

 

particulars of loss and damage

 

(i) repairs £350.00

 

(6) further the claimant claims interest pursuant to section 69 of the county courts act 1984 on special damages at such rate and for such period the court sees fit

 

and the claimant claims ;-

 

1. damages limited to £350.00

2. interest as detailed in paragraph 6 ;

3. costs .

 

the above are what i recieved from northampton county court , as i said earlier though i was not the driver , my wife was and she has already been dealt with by the local magistrates courts .

the owner of the fiat car must have been given my wifes details because a traffic cop came to our home and took a full statement of my wife .

[boltonfella]

i forgot to add the claimant is an individual via his solicititor .

[BRIGADIER2JCS]

OK the statement given by your wife was that she "clipped" the car while coming out of a parking space, this statement was made an accepted by a police officer correct?

Who is the claimant an individual or an insurance provider?

 

 

1, Inform your insurance provider of this claim immediately, pass copies of the claim to them.

2. Did you inform your insurer of the incident and the action in the magistrates court.

3. What was the evidence given to the court, the parking incident or that shown in the POC.?

[boltonfella]

OK the statement given by your wife was that she "clipped" the car while coming out of a parking space, this statement was made an accepted by a police officer correct?

Who is the claimant an individual or an insurance provider?

 

 

1, Inform your insurance provider of this claim immediately, pass copies of the claim to them.

2. Did you inform your insurer of the incident and the action in the magistrates court.

3. What was the evidence given to the court, the parking incident or that shown in the POC.?

 

the true account was the statement given by my wife to the police officer and this was also accepted by the magistrates court .

 

the police had already informed my insurers ( this i think was prior to them interveiwing my wife and taking her statement , and finding out if she was covered on my insurance to drive the car ) .

i didn`t inform my insurer of my wife court case as i didnt think it was of any interest to them .

the evidence given in my wifes court case was that given to the police .

 

the details on the poc are purely fictious there are no true facts in it at all apart from the registration of my vw polo .

[BRIGADIER2JCS]

the true account was the statement given by my wife to the police officer and this was also accepted by the magistrates court .

 

the police had already informed my insurers ( this i think was prior to them interveiwing my wife and taking her statement , and finding out if she was covered on my insurance to drive the car ) .

i didn`t inform my insurer of my wife court case as i didnt think it was of any interest to them .

the evidence given in my wifes court case was that given to the police .

 

 

You need to get the details off to your insurers asap.

Any incident particularly involving police and court action is material to the insurance cover, failure

to inform can/will lead the insurer declining to assist/pay out for a 3rd party claim.

I am presuming your wife is a named driver on your insurance and not relying on a clause in a separate

policy in her name.

[boltonfella]

no my wife had used the car without my knowledge or consent thats the whole point so , as far as im concerned this whole thing has nothing to do with me other than the fact that iam the registered keeper the only person named on my insurance is me .

 

as i explained earlier my wife has already been dealt with by the local court for using the car without insurance and leaving the scene of an accident without leaving her details .

[BazzaS]

no my wife had used the car without my knowledge or consent thats the whole point so , as far as im concerned this whole thing has nothing to do with me other than the fact that iam the registered keeper the only person named on my insurance is me .

 

as i explained earlier my wife has already been dealt with by the local court for using the car without insurance and leaving the scene of an accident without leaving her details .

 

So, who do you think is liable to pay for the damage to the car that your wife hit, and if it nothing to do with your insurers, how do you think the person whose car was damaged should seek to recover those losses?

[BRIGADIER2JCS]

no my wife had used the car without my knowledge or consent thats the whole point so , as far as im concerned this whole thing has nothing to do with me other than the fact that iam the registered keeper the only person named on my insurance is me .

 

as i explained earlier my wife has already been dealt with by the local court for using the car without insurance and leaving the scene of an accident without leaving her details .

Your wife then is guilty of driving without insurance?

[steampowered]

as i explained earlier my wife has already been dealt with by the local court for using the car without insurance and leaving the scene of an accident without leaving her details .

 

By a criminal court, perhaps. She hasn't been dealt with by a civil court for damage caused to the vehicle. You need to appreciate that if you successfully defend this on the basis it has nothing to do with you, it just means they would sue your wife instead who would have to come up with the full amount in cash if she wants to avoid a CCJ.

[BRIGADIER2JCS]

As said previously if your spouse is NOT named on your insurance and does not have her own insurance there is a big problem.

Your insured vehicle has been involved in an incident involving police and court action you need to tell your insurance provider.

[Ganymede]

the true account was the statement given by my wife to the police officer and this was also accepted by the magistrates court .

 

the police had already informed my insurers ( this i think was prior to them interveiwing my wife and taking her statement , and finding out if she was covered on my insurance to drive the car ) .

i didn`t inform my insurer of my wife court case as i didnt think it was of any interest to them .

the evidence given in my wifes court case was that given to the police .

 

the details on the poc are purely fictious there are no true facts in it at all apart from the registration of my vw polo .

 

Hi,

 

The name is wrong which is a very odd mistake to make but I don't see how you can say the circumstances are fictional.

 

This is a peculiar case and one would have expected to see your wife named as the defendant.

 

I think you need to speak to your insurer and find out what they are going to do about it.

 

I suppose technically this is both a small claim and an uninsured driver case.