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Gladstones / PCM - Claim Form x 2. Claim Acknowledged

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  • #16
    Re: Gladstones / PCM - Claim Form x 2. Claim Acknowledged

    Under CPR 19, although the court does have discretion to change the parties to a claim (so presumably change the name) the usual rule is that it should require an application at the expense of the person applying.
    So with this one it would be worth stating that the claim is incorrectly served & is therefore without merit.
    https://www.justice.gov.uk/courts/pr...t19/pd_part19a
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #17
      Re: Gladstones / PCM - Claim Form x 2. Claim Acknowledged

      Is this still likely to be applicable if the RK has already acknowledged both claims, including the one that is incorrectly named?

      Comment


      • #18
        Re: Gladstones / PCM - Claim Form x 2. Claim Acknowledged

        The debt collection co letter can be ignored.

        The Notices to Hirer are clearly a contentious issue. It would be unlikely that 2 of them were lost in the post.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #19
          Re: Gladstones / PCM - Claim Form x 2. Claim Acknowledged

          Mix up of terms I think. The registered keeper is the entity whose name is on the V5 document, in this case the company leasing/hiring out the vehicles would get the Notice to Keeper. They should reply naming the hirer of the vehicle, include the documents required by POFA and and forward the NTK to the hirer, who is also the keeper (not registered!) . PCM should then issue the hirer/keeper with their very own Notice to Hirer/Keeper and include the required documents, which also includes a copy of the original NTK.

          If none of this has happened then there can be no hire/keeper (not registered) liability under POFA.

          Comment

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