Free Traffic Legal Advice

Don't overthink this. Anyone can drive any car with the owners/keepers permission as long as they have third party liability insurance. No one except the driver knows who was driving and the burden of proof is on the PPC to prove who the driver was. They cannot assume or infer that it was the keeper. The keeper is under no legal obligation to provide the drivers details.

As this is for the defence of the more recent case, has the Claimant provided any evidence to show that the blue badge was not on display? Did you receive a PCN for this charge? Was it a windscreen NtD or a postal NtK?

As the Claimant has not provided any response to your CPR 31.14 request for full disclosure of all evidence and related documents in respect of the claim, you should add the following to your defence as a part of the "Preliminary Matters" sub-heading:

1. The Defendant would like to bring to the Court's attention that the Claimant has failed to comply with the Defendant's request for full disclosure of all evidence and documents pursuant to CPR 31. The request was made on [date of the request] and to date, the Claimant has not provided the required documents.

2. The Defendant submits that this failure to disclose has significantly prejudiced the Defendant's ability to prepare a comprehensive and effective defence to the claim. The Defendant is unable to fully understand the particulars of the claim without access to the relevant evidence and documentation.

3. In light of the Claimant's non-compliance, the Defendant respectfully requests that the Court considers this failure when evaluating the merits of the Claimant's case. The Defendant primarily seeks an order that the claim be struck out due to the Claimant's failure to comply with the disclosure obligations under CPR 31.

4. In the alternative, should the Court decide not to strike out the claim, the Defendant seeks the following relief:

  a. An order compelling the Claimant to provide full disclosure of all evidence and documents related to the claim within a specified period.

  b. An extension of the deadline for the Defendant to file a full and complete defence, commencing from the date of receipt of the disclosed documents.

  c. Any other sanction or relief the Court deems appropriate, including but not limited to, costs associated with any applications made due to the Claimant's non-compliance.

5. The Defendant reserves the right to amend the defence upon receipt of the disclosed documents.

OP - if you start a new thread for one of the claims, then indicate which replies correspond to it, I can do the necessary splitting.