Incomplete vrn entered

Pjr1525

Hi, just received my bumper pack from Gladstones. Obviously I will not be sending my financial details, just want to know, as long as I include reference numbers etc can I submit my rebuttal on A4 sheets?
Also, as part of my rebuttal I will be submitting non-compliant NTK. Recently I saw an excellent reply to a solicitor on the forum regarding a non- compliant NTK were it was mentioned in no uncertain terms that courts were fed up with hearing about " Elliot and loake" as a justification for assuming the registered keeper was driving. I've searched the forum but can't seem to find it again, can anyone direct me to the post please. Many thanks

Le_Kirk

This was posted by Coupon-Mad a little while go and it might help, although you will have to research the links: -

Elliott v Loake has been rebutted so many times on here and in court:

http://www.parking-prankster.com/more-case-law.html

VCS v Quayle is good, as is Excel v Lamoureux (featuring 'Lamilad' who posts here) and Excel v Smith, all show that Elliot v Loake (which had nothing to do with contract law, nor assuming who was driving) and CPS v AJH Films (about a company car driver being an agent of the company) have no application, and the keeper can't be held liable.

Pjr1525

Hi, could anyone give some advice please. As the registered keeper I've admitted buying the ticket, but I was not the driver and have not named the driver because that person is unwell. Can they pursue me for being the person who entered the incomplete vrn or must they try and pursue the driver? Many thanks.

Coupon-mad

They can only pursue the driver, but you must make it clear in your response (pre-court, to narrow the issues about liability) that you were NOT the driver and was only a passenger on the day, and therefore you cannot be liable, because HX do not use a POFA-compliant set of documents.

Redx

yes you can use A4 printed paper for the rebuttal

alternatively, you can email the rebuttal to one of their email addresses, maybe as a pdf or word doc , but copy yourself in as well if using email, so you can prove it was sent successfully in court

these email addresses have been posted on this forum in other threads

as mentioned above, be clear in your responses that you are the KEEPER and were NOT the driver on the day in question

there is no obligation on the KEEPER to name the driver, plus the keeper isnt liable if HX failed POFA2012 , so make it very clear in the rebuttal

ie:- I am the KEEPER , NOT THE DRIVER, its got nothing to do with me and I have no liability in law

Quentin

Pjr1525 wrote: »

Many thanks. What is "PE".......

PE is parking eye

A hijacker posted earlier in your thread about getting a PCN from pe

And has caused this unnecessary confusion

Which is why hi jackets get told to butt out and start their own thread!

Pjr1525

Many thanks for those replies. I received a 16 page reply to my SAR from the ppc containing just about everything except my inside leg measurement, copy of letter from my MP, copy of my permission to release data to him, etc, quite a comprehensive record, except the letter that I sent ( with proof of posting ) asking if they were pursuing me as registered keeper, that is conspicuously absent. I wanted to know this information so that I could sufficiently rebut any suggestion that I was the driver. Not only did they not reply to that letter, but they have not included it in the reply to my SAR.
As part of their reply to my SAR there was a print out of the email that I sent after their initial demand for money which stated that I had paid the correct fee and provided proof, but on the top on the email print out their words had been added " Driver selected" I can only imagine that was when the decision to pursue the driver was taken. Yet they would not clarify whether they were pursuing me as the driver or registered keeper upon request! Regards.

Coupon-mad

'driver selected' means YOU chose 'driver' in the drop-down menu when appealing, and shot your toes off in terms of the POFA.

quite a comprehensive record, except the letter that I sent ( with proof of postage) asking if they were pursuing me as registered keeper, that is conspicuously absent.

Send the proof of posting and ask why their data controller omitted the letter they received.

Pjr1525

Can't remember a drop down box, but obviously there was one. If I've ticked that box it was because I believed an error had been made on their part, so there would be no need for the complication of involving another person as driver. I shall be sending a letter to their data controller asking why they omitted my letter. Many thanks.

Castle

Is there a copy of your appeal in the 16 pages they sent you?