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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70202
Experience:  Over 5 years in practice.
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Jo, I contacted you in August about an incident when my

Resolved Question:

Hi Jo, I contacted you in August about an incident when my car was damaged (Wing mirror) by a guy called Darryn. My insurance wouldn't take it any further so I decided to pursue him myself through the courts. As I didn't have his exact address I contacted
the DVLA, explained what had happened and gave them his registration number. They provided me with the owner details of the van. The issue is the van is registered to a company called 'Erac UK Limited, which was dissolved back in January 2014? I'm not sure
what to do now? As sending correspondence to a dissolved company probably wont do me any good. I want to send him a letter requesting the money for the repairs within 7 days, and failing that I will take it to court. But I need to make sure I have the correct
address for him. I've found his address details on the internet and I'm 99% sure its him (as he has a distinctive second name) but I wanted something in stone. Please can you advise on how to proceed? Thanks Dave
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
You don't really need to be sure to send a letter before action out. Actually it would be worth doing. If he doesn't respond denying it then you can rely on the failing to deny.
I presume you would recognise him if you saw him in court? If so, you would be able to identify him if he attends.
If he defends on the basis that it was nothing to do with him then that could be a problem but you are not at that stage yet. There are orders that you can get forcing the company owner to hand over documentation that will reveal the name of the driver but they are not usually realistic in a case of this nature as they are very expensive.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Thanks Jo,I think he will deny it as he did when my insurance initially contacted him, he just denied even being there at all. But if he does this I have 3 witnesses to testify and text correspondence.If he does deny it shall I just send him a court summons?Thanks
Dave
Expert:  Jo C. replied 1 year ago.
You do but only if you see him in court.
I think overall i would still sue. He might throw his hand in when he is being sued.
If he doesn't attend then you might struggle. If he does attend then you can identify him.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.
ok thanks Jo.