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Naming the driver....

2

Comments

  • Fruitcake
    Fruitcake Posts: 59,498 Forumite
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    Coupon-mad wrote: »
    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.

    Absolutely, but I think it would need a court to decide, not an unregulated scam trade association.

    The same would apply to a driverless car. I think new legislation will be needed to cover liability for any event/incident/accident involving a driverless car.
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  • DoaM
    DoaM Posts: 11,863 Forumite
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    Is this not back to the "send everything to a service address where it falls into a black hole" malarky that a former member of this forum once lauded as the solution to end all solutions??
  • Fruitcake wrote: »
    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.


    But the keeper doesn't need to ensure that they PPC 'knows the name of the driver' rather they have to 'inform the PPC of the name of the driver'...which they did with the initial letter.


    The fact that the 'named driver' denies it does not negate the 'fact' that the keeper 'named the driver'.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    So name the driver and an address and pass NTK to driver....job done.

    You should know better that ????
    Please don't mislead people
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    But unless the RK was actually present, how can he/she know the name of the driver?

    I think that OP has a valid argument. .
    You never know how far you can go until you go too far.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    Quite. Unless the RK was present then all the RK can do is identify who was keeper of the vehicle at that point in time.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    DoaM wrote: »
    Is this not back to the "send everything to a service address where it falls into a black hole" malarky that a former member of this forum once lauded as the solution to end all solutions??
    Two members of this forum thought that was a jolly wheeze.

    Plenty of us strongly disagreed.
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  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Me too CM. Read my signature.
    You never know how far you can go until you go too far.
  • StaffsSW
    StaffsSW Posts: 5,788 Forumite
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    Along a similar vein, I'm getting some pushback from the PPCs when we name a Scottish hirer.

    Now some of these are for tickets issued in Scotland, so perfectly ignorable, but some of our Scottish hirers collect tickets in England which could be enforceable, as the RK is also in England.

    I'm using the argument that we have provided valid details for the hirer, but if the PPC choose not to pursue the hirer, that is solely their decision, and they can not blame us for not complying with our side of POFA.

    Both IPC and BPA members have tried this, but nothing has escalated beyond a few posturing letters so far.
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  • Umkomaas
    Umkomaas Posts: 43,832 Forumite
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    You seem a pretty feisty fella StaffsSW. Great stuff, love to read posts where the PPCs are really put to the sword.

    Too many snowflakes turn up here, wanting someone else to deal with their problem for them!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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