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The Flame Pit / Re: Scratches after Tesco self wash
« on: Yesterday at 06:34:18 pm »
Are those the only two options?
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Which is all very good, but irrelevant if the OP wasn’t the RK. That being said, the fact that he uses “claimant” rather suggests that he is confusing criminal and civil procedural rules.
My understanding is that for service to be valid at a "last known address" (if this in fact becomes the prosecution's defence), the claimant must have been unable to ascertain a defendant's current residence; I'm not confident this can be true given the number of public records which refer to my current address.
When a NIP and/or S172 request is to be sent to the Registered Keeper, the "last known address" is taken as that shown on the DVLA record at the date of the (alleged) offence. In most cases that is correct.
The police are not required to trawl other records on the off-chance that it might be wrong, and in any case it would be impractical. The DVLA record ties a particular individual to the vehicle in question. There may be many others with the same name, e.g. John Smith, and no easy way to know which John Smith's new address they are seeking.
None of this solves the current legal issue of holding no insurance at this point, but if Saga were to admit they made an error, they can confirm cover was actually in place at the time, giving you a defence.If no cover was actually in force at the time, does a retrospective acceptance of cover provide a defence (i.e. the accused cannot be convicted regardless) or just provide an excuse for the prosecution to withdraw the charge on the grounds of the public interest test no longer being met? There is a difference.
Apologies NewJudge for the 'dumb' rating - fat fingers and now I can't undo it!You’re fired! 🤣
Civil Procedural Rules allow the Defendant 90 days from receipt of the statement of claim (Claim Form) to investigate and reach a decision on liability.