POFA '12 not valid?

Lockable

Hello all, I find myself in the position of being pursued by Conkai Security & it's flying monkeys for a PCN dating from 2015. I assume they're desperate but they seem to be willing to take it to small claims. They have sent various threat letters over the years, driver has never been named & they seem to be relying on on POFA 12 but at no point have they stated this explicitly. They have previously lost appeals here when they still allowed POPLA to oversee things, !!!!!! signage, forbidding contract etc.  None of their letters seem to comply with POFA 12 and as you can see the original NTK makes no effort to comply either & in fact landed months late to comply with the act, which implied Date Protection breach as well I think.  I'm now at the Directions Questionnaire stage, & due to various reasons am relying heavily on this defence ie: POFA not complied with, therefore no case too answer. Do they still have an angle here?   Any advice appreciated, thanks in advance.

BrownTrout

yes this little lot owed by VCS
if you were not driving and the notice does not comply with POFA, happy days

bargepole

But if you were driving, the Judge may ask at trial 'were you driving this vehicle or not?', and if you refuse to answer, or are evasive, he may make a finding of fact that you were the driver.

In which case, your 'relying heavily on POFA' defence is flushed down the toilet.

Lockable

bargepole said:

But if you were driving, the Judge may ask at trial 'were you driving this vehicle or not?', and if you refuse to answer, or are evasive, he may make a finding of fact that you were the driver.

In which case, your 'relying heavily on POFA' defence is flushed down the toilet.

In my mind I'm fairly certain that I wasn't, there are strong reasons to think this & I've always maintained it from the earliest contact with these vultures but as it's now 5 years ago, there's now way to be certain. Do I need to consider anything else?

Umkomaas

Does your vehicle insurance have other drivers listed on it?  That could be part of your evidence that there could easily have been any of the drivers so listed driving on the day, 5 years ago. 

Not to mention of course, that with your permission and my own insurance cover, I (or any of the millions of drivers across the country) would be legally able to drive your vehicle. 

Lockable

Umkomaas said:

Does your vehicle insurance have other drivers listed on it?  That could be part of your evidence that there could easily have been any of the drivers so listed driving on the day, 5 years ago. 

Not to mention of course, that with your permission and my own insurance cover, I (or any of the millions of drivers across the country) would be legally able to drive your vehicle. 

Well, yes, there are multiple possibilities for who may have been driving. There are also strong reasons for some of these other drivers to have been in that particular area. It's also the case that a close relative was in receipt of chemo in another part of the country around this time, I have pictures taken with them within a day or two of this 'offence'. Strongly circumstantial, I suppose, but would this sort of evidence help ?

Coupon-mad

Yes and if you have a LBC then reply pointing out the fact it is a non-POFA NTK (arrived far too late for para 8 and doesn't have the 8(2)f wording) and the fact that that, on the balance of probabilities, you were not driving.

Lockable

Coupon-mad said:

Yes and if you have a LBC then reply pointing out the fact it is a non-POFA NTK (arrived far too late for para 8 and doesn't have the 8(2)f wording) and the fact that that, on the balance of probabilities, you were not driving.

We're beyond the LBC stage. I have replied to them at every point since 2016 stating I was not the driver, they have ignored this & I'm now at the Directions Questionnaire stage. My defence was hurried & not perhaps prepared properly, it leans on their non adherence to POFA. They have ignored my responses all these years although I have kept every letter from them & every response from me. Each response re-iterates that I was not driving & they are in breach of the POFA. Are they trying it on in the hope that bullying will produce a result?

Redx

Of course they are , that is a part of their whole business model

On the balance of probabilities , you were not the driver , they failed POFA , the claim should fail

nosferatu1001

Then your witness statement will absolutely cover this. Do you ha e your comms with them saved so you can exhibit them?

Lockable

nosferatu1001 said:

Then your witness statement will absolutely cover this. Do you ha e your comms with them saved so you can exhibit them?

Every letter from them has been retained as has every response from me. Each time I responded I pointed out that I deny being the driver & that they have no right under POFA 12 to pursue me. It occurs to me that they have breached the Data Protection Act. If their NTK was so late, they may have applied to DVLA outside of an acceptable time limit. Is there a window for them to apply to DVLA for keeper details?