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ECP LBC Multiple "FINES" Nervous Wife

 Hi all,
Many thanks to all those out there who make this such a brilliant source of information  :)

Have read the FAQ, and I'm vaguely familiar with the rundown, used to be an avid reader of the forum several years back.

All I really need to know at the moment is if there is any easy way to transfer keeper liability to the driver several years down the track, and if there is any legal benefit to doing so, I have a wife with a very nervous disposition  :#

Have recently received a LBC from SCS in regards to various ECP claims, circa 2017-2018, about 20 in total, contravention's are all " failing to display a valid pay and display ticket " 

Should we simply proceed with the SAR and stall the law firm as advised in the FAQ's, or is there any advantage to be had, if still possible, to advising them as to who was driving at the time and asking that they pursue that person instead ??


Thanks in advance for all your sage advice,

DTD








 

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You will have read that a keeper has more protections in law than a driver has.
    Presumably your wife is the Registered Keeper of the vehicle.

    If this ever proceeds to a court hearing, then the Defendant must attend but can be assisted by a Lay Representative. The LR effectively does all the talking on behalf of the Defendant, although she may be asked direct questions by either the Judge or the Claimant's representative.

    There are other things to be considered too, but maybe that's enough to get you thinking.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Ask yourself this simple question

    Q1 ,Did ECP comply with POFA , if they did they can hold a keeper to account

    Question 2 , was she driving ? ( Don't answer ) , if yes then naming a different person is not possible for truthful people

    If no , the driver can be named at any time up to the court claim being issued , too late afterwards

    A driver has no POFA protection
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