HX CPM Non POFA compliant and citing Elliot v Locke

Mr_Picklehead

Just an update on this one. My relative now seems to be at the monthly letter from Gladstones phase!!


The first one claimed to be an LBC but they never replied to any request for the appropriate documentation.


The second one made no mention of court or "LBC" but went back to banging on about Elliot V Loake and assumptions about who the driver was. (IGNORED)


The third one asked for proof that my relative was not the driver (SHE POINTED OUT THAT THE BURDEN OF PROOF LIES WITH THEM), invited payment of 160 pounds (SHE DECLINED!), asked for the name and address of the driver (DECLINED), and stated "if you fail to provide any of the above within 30 days we will pursue you as registered keeper" (SHE REPLIED THAT THEIR CLIENT ISSUED A NON POFA COMPLIANT PCN SO LEGALLY THERE IS NO KEEPER LIABILITY).


It looks like they have shot themselves in the foot with that last statement!! They have talked themselves into a position that they can not win.... Or am I being too optimistic at this stage?

Umkomaas

To whom does the last letter tell you to pay?

Does the reference number begin with a 1xxx?

Mr_Picklehead

fisherjim wrote: »

You do realise that the IAS and Gladstones are both run by the very same people!


Some cynical people might call this a scam!


http://parking-prankster.blogspot.com/2016/01/is-independent-appeal-service-kangaroo.html

Yeah I personally wouldn’t have done it but my relative thought not playing their games may also look bad if it went to court and she’d read on here that there have been some appeals won.

Ultimately o damage done... if it goes to court the IAS decision won’t be a clincher for Gallstones!!

Mr_Picklehead

That should say “no harm done”

Mr_Picklehead

I don’t have the letter with me sorry . I’ll post details later. It says to pay Gallstones directly though!!!

Mr_Picklehead

And just an update.... Gallstones have sent another letter asking for £160 payment... and this is the laughable bit... There’s no mention of Elliott V Loake but there are now claiming keeper liability and saying the PCN WAS POFA compliant!!! ������

Pjr1525

Hi mr pickles. If you are being pursued for incomplete vrn entered, go to my posts on the forum.

Post 106/ 107 you will find a link to an old website of HX's where they say they understand human error and don't issue PCNs if a digit or 2 is inputted incorrectly. It's a poor copy, but readable. Best wishes.

fil_cad

https://www.facebook.com/groups/614470672230287/permalink/831691287174890/

Mr_Picklehead

Well well well Gallstones are taking this all the way to court... My relative just got the County Court "Claim Form"... They refer to the defendant as the "driver/keeper"... I think they're hedging their bets a little there!!!

KeithP

Mr_Picklehead wrote: »

My relative just got the County Court "Claim Form".

What is the Issue Date on the Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?