BW Legal Letter of Claim

Coupon-mad

if (when) this comes to court, who will be required to attend court? My employer? Me?

Who are the letters being addressed to?

Why doesn't the company name the driver, if they want to transfer liability?

Aardvark22

The letters are addressed to the trading name of the company for which I work.

My employer is very understanding and has agreed not to name the driver, for now at least.

There is some advice on the forum stating that these cases are easier to handle if the employee is named as registered keeper, whilst not revealing who the driver was on the day of parking. Is this a possible route to go down or must my employer still be involved? i.e. I could do as I wish with this case with no fear of upsetting my employer, if my employer was kept out of it.

Thanks so much for the advice so far!

Aardvark22

KeithP,

If a case is heard "on the papers", is submission of evidence to the court still allowed by the defendant in their absence? i.e., would it be possible to send copies of the NTK which was clearly sent outside the timescale required by POFA? Thankyou

Coupon-mad

OK.

How about the company name you as the day to day keeper/lessee, giving your postal address? The company would have to do this, not you. As a formal reply to the LBC.

Then any claim would have to come to you, and you would also have the advantage as an individual, of choosing YOUR local court.

A claim against a company means they wouldn't get their choice of court, and unless you are a director you wouldn't be likely to be allowed to speak for the company at a hearing, AFAIK. And whoever wanted to represent the firm would have to travel miles to attend the hearing at the Claimant's court, and wouldn't have the POFA knowledge you have accumulated here!

By naming you as keeper/lessee, you could still defend on the POFA basis, because you will not have been named as driver.

Redx

agreed, which is what I stated earlier and should be done asap IMHO

read the BARGEPOLE timeline of events and the LOC123 guide to court claims to find out what goes in and when , even if it is "heard on papers" (linked in the NEWBIES thread)

we wont answer questions that are already in the FAQ and posted by people like BARGEPOLE 2.5 years ago !!

the employee is not named as the RK because their name is not on the V5C and not held by the DVLA database, so you have misunderstood that aspect completely and it would be a lie too

Coupon-mad

Aardvark22 wrote: »

KeithP,

If a case is heard "on the papers", is submission of evidence to the court still allowed by the defendant in their absence? i.e., would it be possible to send copies of the NTK which was clearly sent outside the timescale required by POFA? Thankyou

Of course. That's WS and evidence stage - common to all cases.

Aardvark22

Okay, great thanks to you all.

So, to get this straight (I don't want to make any errors at this late stage!), I should get my employer to name me as the "day-to-day keeper" of the vehicle (which is not the same as the registered keeper). And am I correct in thinking that the failure of the PPC to issue the NTK within 14 days after the day of parking will still be a valid defence? i.e. the POFA 2012 still applies to the "day-to-day" keeper, as the driver has not been named?

KeithP

The '14 days' only applies in getting the NtK to the Registered Keeper.

Redx

I would say YES, seeing as they have failed to serve ANY keeper with a valid NTK under POFA

this is also why I pointed you at the prankster blog, because that blog is over 5 years old and was made prior to this contravention, so you as day to day keeper should have googled the info and followed his advice

when I first replied, I knew that I had seen this scenario mentioned before, thought it was edna basher, but after a google I realised it was the prankster blog

your employer names you as KEEPER, with your address , the de facto day to day keeper

if BRIT issue you with an NTK, clearly they have failed POFA

if they dont , ditto


but you need to be very careful with wordings and make sure your facts are correct as to the wordings

the employer is the RK, nobody else

you are keeper

I could have been the driver, or clarkson, or millions of other drivers in this country

Coupon-mad

Aardvark22 wrote: »

Okay, great thanks to you all.

So, to get this straight (I don't want to make any errors at this late stage!),

I should get my employer to name me as the "day-to-day keeper" of the vehicle (which is not the same as the registered keeper).

And am I correct in thinking that the failure of the PPC to issue the NTK within 14 days after the day of parking will still be a valid defence? i.e. the POFA 2012 still applies to the "day-to-day" keeper, as the driver has not been named?

Yes that's right, plus there will be a second failure to comply with para 13/14 of the POFA in not sending you a proper NTH with the statutory enclosures (we know they will fail!).