Naming the driver....

Computersaysno

What happens if I name a driver and the driver writes to the PPC denying it??

The_Slithy_Tove

Is this just a hypothetical scenario, or is it a real situation?

The PPC will claim that the keeper remains liable, assuming that POFA has been complied with. Whether that is the situation, I reckon only a court could decide. Has the driver actually been identified if they deny it?

On the other hand, if the driver doesn't respond at all, then (IMO) the keeper has a stronger hand in saying they aren't liable. I wouldn't bet on it in a real, live court, though.

Computersaysno

Hypothetical.


IIRC POFA 2012 says 'you can name the driver by writing back to the PPC scum and this fulfils your obligation under POFA'.


It doesn't say 'you must name the driver and get them to accept responsibility and confirm to the PPC scum that they were the driver'....


Nor does it say 'if they deny liability it falls back on you'.


I think it's a loophole that might work....mmmm....needs more research, gotta find POFA again and get reading!!!

Computersaysno

here we go.....


state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper!!!8212;
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;
(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given!!!8212;
(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;




So name the driver and an address and pass NTK to driver....job done.

tedharris02

Would be great if you knew the name and address of one of management/senior staff at the parking company itself and directed the ticket to there.

Quentin

Computersaysno wrote: »

here we go........So name the driver and an address and pass NTK to driver....job done.

Didn't realise you were that Ryan in disguise

The_Deep

How does anyone know who the driver was unless they were in the car at the time?

twhitehousescat

a bloke called google

Molts

Nor does it say 'if they deny liability it falls back on you'.

So name the driver and an address and pass NTK to driver....job done.

Unless of course:

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

Fruitcake

Computersaysno wrote: »

here we go.....


state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper!!!8212;
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;
(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given!!!8212;
(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;




So name the driver and an address and pass NTK to driver....job done.

If the person named as driver denies they were in fact the driver, then the PPC is back to not knowing the name of the driver so (ii) applies, and the keeper becomes liable again.

Coupon-mad

If the person named as driver denies they were in fact the driver, then the PPC is back to not knowing the name of the driver so (ii) applies, and the keeper becomes liable again.

That's what a PPC would say.

But if the keeper knew that the driver was that person, there's nothing in the POFA that says he 'resumes liability' upon a denial by the driver.