Court Summons for a rental vehicle...

StaffsSW

I've got an interesting situation that so far hasn't been covered in any threads.


I run a small vehicle lease business, supplying vehicles to garages that are used as accident replacement or courtesy cars.


Ordinarily, a rental company can provide a signed rental agreement in order to transfer liability, however as I don't rent to the public, or the driver, I do not have any signed agreement as such, merely a contract to supply a vehicle for a fixed a term at a fixed price.


One of my cars has received what I assume is an on-screen ticket and ignored it, therefore the PPC has done the DVLA check and got my details (Ltd company) as the RK.


In the previous cases, I give the PPC details of my customer, who in turn will give their details of their customer, PPC goes away.


The incident occurred in December and the first I knew about it was a Northampton CCBC claim form in April. I have asked the PPC for further details of the offence and offered to provide details of the company that can provide the driver details, but this has resulted in an escalation by the PPC. I've completed and submitted the defence forms, stating my position as RK, but not being given an opportunity to resolve the issue sooner.


I've refused mediation, but completed the Small Claims Directions questionnaire, as I am happy to drag the PPC representative 130 miles to my local court and use this as a learning exercise.


Whilst I wait for the next move from the PPC, any suggestions or advice on this situation?


Thanks in advance!

Umkomaas

Who is the PPC?

bod1467

Eh? What happened to my reply? (Maybe I didn't hit submit).

I asked the same thing - which PPC. I also commented that this proves PPCs are staffed by people with limited intelligence.

StaffsSW

I'm a little wary of posting their name as I know they trawl forums, and in my rather unique position I will be identifiable to them.

Hot_Bring

OK - I think we know who we're dealing with.

If I were you I'd write to them saying this is the first the RK has heard of this and so they have failed to adhere to either POFA or the BPA CoP. Highlight that the case will be rigorously defended and their failures highlighted to the court.

Suggest that because of this they might like to cancel said invoice.

bod1467

Does that mean my "intelligence" comment was ironically factual? (As in, are we talking about Not-So S**** Parking? Perhaps not, as I thought they didn't do court).

bazster

POFA 2012 doesn't make the registered keeper liable, it makes the keeper liable i.e. the de facto keeper. The registered keeper is presumed to be the keeper unless proven otherwise. The definition in the Act reads thus:

“keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper

In your case it should be easy-peasy for you to prove that you weren't the keeper. Simply produce the contract between you and the garage to whom you leased the vehicle. Get this into your defence if you still can. I don't suppose Solihull's finest legal brain has notice this particular feature of POFA 2012!

StaffsSW

bazster wrote: »

POFA 2012 doesn't make the registered keeper liable, it makes the keeper liable i.e. the de facto keeper. The registered keeper is presumed to be the keeper unless proven otherwise. The definition in the Act reads thus:

“keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper

In your case it should be easy-peasy for you to prove that you weren't the keeper. Simply produce the contract between you and the garage to whom you leased the vehicle. Get this into your defence if you still can. I don't suppose Solihull's finest legal brain has notice this particular feature of POFA 2012!

Interesting note on the "Keeper" terminology - I'm reading through the BPA CoP now and got copies of all my agreements in place. I've not got a date yet, but I'll come back an update as it progresses.

Stroma

Very interesting one, I hope this is picked up by some of the guys who do a lot of small claim defences

arabesque_101

StaffsSW wrote: »

Interesting note on the "Keeper" terminology - I'm reading through the BPA CoP now and got copies of all my agreements in place. I've not got a date yet, but I'll come back an update as it progresses.

You'll find the POFA definition of keeper that bazster was referring to here.

HO87

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