Wright Hassall

dazster

That the OP is winding you up through his inaction is no excuse for giving misleading advice. And swapping one misleading word for another ("obligation" for "duty") doesn't help.

It is simply wrong to suggest that PoFA 2012 Schedule 4 imposes a legal obligation, duty, responsibility or anything of the kind on a vehicle keeper. We are constantly exhorting OP's not to reveal the identity of a driver, and we are constantly being asked "do I have to name the driver?" so it's not at all helpful to refer to PoFA 2012 in terms that suggest that the keeper is obliged to name the driver. He is not, it's as simple as that.

Redx

BAZ, this is now pedantry IMHO, so I wont be replying again to you, which seems to the your main objective here , including misquoting what I have said or implied

I was trying to help the OP, not troll replies or have replies trolling the intent of my posts, my intent was clear , to offer advice to the OP, this isnt a court of law and there is nothing in the rules here stating we have to have legal qualifications before we can offer advice, even if the advice was misleading the intent was to get his wife off his back by offering alternatives he or she should try and my lack of correct legalese is not relevant

MP,S dont understand POFA, Parking Companies dont understand POFA , Popla dont understand POFA, so its hardly surprising that forum members dont understand POFA , BUT PEOPLE ARE ALLOWED TO REPLY WITH THE BEST OF INTENTIONS and I am sure the OP understood that it was my main aim

devonlad

Wooh sorry guys for the trouble guys. Yes I am the driver not keeper etc. After looking around more that letter is a threat one again. I have dealt with these company's before as car was in my name. This is a first as different car in wife name. She seems happy to go along with it now as well, she has done some reading as well.
Thankyou redx by way I spoke about contacting indigo and saying was me etc. She is happy with it at the moment. Thankyou all for your help

dazster

Redx, you just can't ever admit you were wrong can you? Geez, you have been around here long enough to understand PoFA 2012, but perhaps you need a refresher re-read?

You are quick enough to jump on other people if they give incorrect or misleading advice, and for good reason: wrong advice is worse than no advice.

Redx

devonlad wrote: »

Thankyou redx by way I spoke about contacting indigo and saying was me etc. She is happy with it at the moment. Thankyou all for your help

yes I know you did but she was pressurising you so I saw it as one way out , not the best way because as correctly stated earlier the forum advice is never to reveal who was driving and therefore try to keep POFA in the mix

you were also told to get a landowner cancellation , this was declined on page 1 - despite it being the best way forward

you were told that you or she could send in that letter I linked, you didnt do this , this would have named the driver and then POFA would not apply - we rarely if ever condone this action but I felt that if she was putting you under pressure it was a way out (no matter who informs them even if its not a duty, obligation or requirement , PPC,s and debt collectors lie or mislead all the time so I dont see a problem with it, despite any wording or reverse logic lack of wording)

whilst your wife gets these letters, its never about you, but you talked about INDIGO taking you to court, they wont, it will be your wife

you talked about only INDIGO can take "somebody" to court - wrong, the solicitors could do it on their behalf and have done so with other people (search the forums to see where WH have taken it further) - its either INDIGO or their contracted agents - solicitors , call them what you will , but NOT the debt collectors, so NOT zzps

I never said you could not name yourself, I said it was better if the wife named you as driver, if this action was to be taken, that way she should find that she gets no more letters about it

I do not know your circumstances as far as your wife is concerned, she could have been an ex who was named on the car you were driving, different scenarios could have existed

my main intentions however, were clear, even if some of the words are not correct to the pedants , that was to give you the best advice that a layman not legally trained can give you , which you will find is the vast majority of the people who reply on here

but there will always be some people who are more trained in the topic that would rather show other people up about their replies , be the username starts with a B or a D , the outcome has always been the same in my case , that one or two target my replies such that it makes the regulars here think its better to bow out, log off and never reply, which harms those that need help , this has happened countless times on here and other forums, especially when mods dont step in and keep those with ulterior motives in line

you can see this on the last post , and his previous posts, pedantry , Bazster, Dazster, makes no different , may as well be called pedant , just wants to troll posts like mine for little reason other than one upmanship , my only aim was to help you with advice I thought was reasonable , shame it wasnt totally in legalese for the pedants who did not get involved with you like I did and was the catalyst for their replies

just have to add the new name to my IGNORE list, like the old name

devonlad

I feel awful redex about causing any agro between folk. Yeah I have got your advice on board now and am in discussion with wife. I appreciate all your advice and that from others.

Thankyou for your time

Redx

dont worry about it, I think you know that I was trying to help you, words or not , I wasnt trying to deceive you, I never said I was a legal expert who understood the way they word POFA (I dont understand the way they word these acts at all, maybe the mild dyslexia doesnt help and I have had english teachers mark my work down due to bad spelling in the past, not the content which I felt was more relevant)

I have been targeted for this at school , my other disability (A.S.) , my OB or subsequently my BB , my green card when I was registered with the DHSS , its water off a ducks back because my good intent shines through the murkiness
here is one reference to WH and a court case, albeit EXCEL and not INDIGO

http://parking-prankster.blogspot.co.uk/2016/02/wright-hassall-prove-their-incompetence.html

so as I said, they certainly may dip their toe in the water so do not rule it out, be prepared for it, no matter who is going to be fighting it

devonlad

Redx yes you have helped and big thankyou from me and wife

Quentin

devonlad wrote:

Hello again just a quick one, is this a letter before courts. This one was better written than the last letter

Are you talking about a new "LBA" you have received (if so what does it say?) or the earlier one which is not a LBA as you have been advised?