hi. I have received a county court claim form from Northampton.

Coupon-mad

luxardo wrote: »

All this advice is the usual overkill. If you were the driver (and you probably were) pay up. If you want to persist that you were not, then go to the company who hired you the car and get documentation showing the dates the car was hired to you. Take these to court and prove the car was not hired to you on the day and time in question. .

This poster is showing his/her true colours now since being called out on the thread he/she started this week.

This in particular is misleading and untrue, and pretty clearly a PPC poster:

If it was hired to you at the time and you still deny being the driver then you need to find out who was driving it if it wasn't you. You had the keys, nobody else

Complete hogwash - not true. The hirer has an absolute defence because PPCs are not clever enough to understand or heed the POFA re hirer liability.

I guess you are from UKCPM or OPS who are both smarting from various losses in court, due to our forum. Happy to see you in Sussex courts whenever I can.

Stop scamming people then, is the right answer. Do something good for people.

Ballistic87

Hi guys. SAR has been sent. Do I wait for them to respond with the information and then go ahead and put my defence together? Or should I start it now? Thanks again.

luxardo

Coupon-mad wrote: »

This poster is showing his/her true colours now since being called out on the thread he/she started this week.

This in particular is misleading and untrue, and pretty clearly a PPC poster:
Complete hogwash - not true. The hirer has an absolute defence because PPCs are not clever enough to understand or heed the POFA re hirer liability.

I guess you are from UKCPM or OPS who are both smarting from various losses in court, due to our forum. Happy to see you in Sussex courts whenever I can.

Stop scamming people then, is the right answer. Do something good for people.

Please tell me what defence the defendant has other than "it wasn't me" ? It is proven he was leased the car at the time in question so he is the de facto keeper under POFA 2012 and is obliged to either pay or name the driver just as if he was the registered keeper.
The only "advice" I'm seeing here is send a SAR and ask for photographs etc. a SAR is a request anyone can make under the DPA, you don't even have to get a ticket to ask for a SAR. I assume this is an attempt to muscle the plaintiff (or claimant) and show them you have some basic legal knowledge ?
They don't have to send you jacks**t and it's no defence if they don't. "I sent them a SAR and they did not respond so I win .... lol"
All they have to is put all their documents in a pack and send them to the court in a WS, copying the defendant.
I'm really sorry if you don't like what I post and I absolutely promise you I am not a troll and certainly not anything to do with any parking firm. But everything I have posted is factual and I am genuinely trying to help.

Redx

Ballistic87 wrote: »

Hi guys. SAR has been sent. Do I wait for them to respond with the information and then go ahead and put my defence together? Or should I start it now? Thanks again.

The latter , the SAR reply is your evidence gathering from the start and the defence may not need the data , but the WS plus Exhibits plus costs order stage will, much later in the process

There is nothing to be gained by delaying your defence draft , and everything to lose, as long as it is submitted prior to the deadline of 33 days from the issue date , as long as the AOS has been done online

This is a game of 2 halves with a penalty shootout at the end , unless one side walks off the field first , definitely a game of poker , so gen up on the whole gamut by reading completed cases using the search terms of a queen hit record AOBTD , full title in the forum Search box , which also helps you to formulate the defence etc too

Bear in mind the last poster is incorrect and what they posted is not factual, there is no legal requirement under POFA for a keeper to name the driver or pay , only a judge can decide if there is anything to pay, only a judge can decide if the invoice is valid , only a judge can decide who is liable , or indeed if any liability exists

More often than not a PPC fails to follow the requirements of POFA , meaning they have no case against the keeper under POFA , timescales , wording and lack of providing the hire or lease documents are common failures , but they may well have a legal case against the driver , dependant on contracts and signage and laws and CoP rules etc

Fail POFA and the PPC can only pursue a driver , if they know who it was , which may not have been a hirer or a lessee, but could be anyone of thousands of other drivers driving on their own insurance , or someone driving it illegally with no documents at all, a keeper is not commanded to name a driver , a keeper has the right of "no comment , prove your case against me" (even if a judge asks the defendant directly), hence why "joyrider thieves" find the CPS drops charges every day based on not knowing who committed the driving offences when 4 occupants decamp from a stolen car and say no comment when asked the same question

POFA never made it mandatory to name a Driver or pay , but under the correct circumstances a keeper can be made to pay in a court of law by a judge for a driver's mistakes , but fail those POFA requirements in england and wales and a keeper has no liability , as in Scotland where there is no POFA at all and keepers have no liability unless the claimant proves they were driving

A shame the last poster has no understanding of POFA requirements even after 7 years , they need to read and learn from posts like those by Edna basher for example

nosferatu1001

Luxardo - please cite, using para numbers, where in POFA the Hirer is *required* to name the driver or to pay

I'll save time - it doesnt exist. Especailly if the operator has failed to comply with POFA2012 Schedule 4 Para 13 and 14. Even if they HAVE complied - which they have not, we know they have not - there is still no requirement to do either. Youre merely invited to name the driver. An invitation is not an obligation

Your incompetence has now stetched into downright lying about a topic you apparently know NOTHING about or worse, you know youre deliberately misleading posters

Youve been reported again.

luxardo

nosferatu1001 wrote: »

Luxardo - please cite, using para numbers, where in POFA the Hirer is *required* to name the driver or to pay

I'll save time - it doesnt exist. Especailly if the operator has failed to comply with POFA2012 Schedule 4 Para 13 and 14. Even if they HAVE complied - which they have not, we know they have not - there is still no requirement to do either. Youre merely invited to name the driver. An invitation is not an obligation


HERE !!!!!
POFA Schedule 4 paragraph 9


(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;

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted


The keeper (who is the hirer, the company who hired the vehicle out) is obliged to pay the charge unless within 28 days he tells the creditor the name of the driver. The driver (the person who hired the vehicle) is now liable for the charge and can either pay it or defend it.

Your incompetence has now stetched into downright lying about a topic you apparently know NOTHING about or worse, you know youre deliberately misleading posters

Youve been reported again.

Some think the act can be interpreted as saying that the keeper is only invited to name the driver. Some also say that if taken to court they can simply state they do not know the driver, or even that they verbally informed the driver and that fulfills their obligation under the act.
You are obviously one of these.
I will be practical and say that until a test case is brought the act remains ambiguous because although POFA sch4 para 8 sec e certainly uses the term "invite". POFA sch 4 para 8 sec f ii states keeper is liable. As I say, there is some ambiguity. have a nice day

Ballistic87

Hi guys. I still have not heard anything g back from them regarding the SAR

Le_Kirk

When did you submit the SAR? They have 30 days to respond.

Redx

Ballistic87 wrote: »

Hi guys. I still have not heard anything g back from them regarding the SAR

your SAR gave them the usual 30 days to reply, so if it hasnt been 30 or more days , that is why, the replies tend to come near the end of the deadline , its only been 7 days

nosferatu1001

Luxardo -so, no, it does not *require* the hirer to name the drvier or pay then

Glad to see you were lying again.

"and invite the keeper—"

An invitation is not an order or a requirement. An invitation can be refused.

There is no ambiguity, just your lies.