Letter of claim

KSKnight

Coupon-mad said:

These hearings are carried out by phone these days anyway, since COVID, and that's likely to continue.

Would it make any difference if he names me? (in terms of affecting the outcome?)

Yes because he has 100% win due to the POFA and the fact he has told them he wasn't driving (I think?).  He should reiterate that fact yet again now but unless he is really vulnerable, I wouldn't (if it were me and my family) name the driver.

A named driver doesn't have the POFA defence and has to rely on ''the signs weren't clear enough'' or similar.  Which is all subjective and down to the lottery of getting a good Judge who sees your case.

The first email was sent exactly as you advised. He has not replied to the latest email as of yet. In the original email sent to them he said he was not the driver and that the original driver had identified himself when the PCN was paid. Basically he has not provided my details (name and address to them yet). 
If we go ahead to have my Dad deal with it, what would you advise to be the next steps, how should he reply now please?

Redx

Summary

Keeper was not the driver

The driver paid £40 but underpaid because the original £80 was in force at the time

Keeper is being chased

Keeper has not named the driver , but the driver did pay half of the PCN

So complicated due to being a rare or unique fiasco

In theory , the driver has admitted responsibility by paying 50%

KSKnight

Ok thanks. 

KSKnight

Dont know how to proceed. In the original email sent we gave evidence of the £40 being paid and now what happens if we dont provide driver details given that we just gave evidence from the payer and thier email ID?

nosferatu1001

You got the advice above, and it depoends on if you dad is up to defending a court claim or not. 
If "yes", then do nothing. their only choice is to sue him, as they have no driver details, and he wins on POFA
If "no", then tell them the drivers name and address, and they must then cease contacting your dad
We cannot make this dewcision for you

KSKnight

nosferatu1001 said:

You got the advice above, and it depoends on if you dad is up to defending a court claim or not. 
If "yes", then do nothing. their only choice is to sue him, as they have no driver details, and he wins on POFA
If "no", then tell them the drivers name and address, and they must then cease contacting your dad
We cannot make this dewcision for you

I am fully aware of the advice given to me. Also I was not asking anyone to make a decision for me!
If you read my last post I had asked a question about the keeper having given some evidence about someone having made the payment, the confirmation email has the name of the payer on it i.e. how will this impact the case in terms of POFA.  

Redx

This is getting to the point of where you should seek legal advice from a lawyer , because you are asking questions that we lay people cannot answer , this is not a legal advice forum , it's consumer rights !

Either your dad defends himself , or he throws you under the bus to avoid legal action against him

The rest comes out in the wash , but I will tell you that YOU have no POFA protection here , so POFA does not help you at all

Umkomaas

PoFA only protects the keeper if he/she was not the driver. It offers nothing to the driver. 

If because of you making the part payment they sue you, forget PoFA. If they revert to suing your father, then PoFA will help him, especially as he was not the driver. 

It's a case of wait and see who they sue, and under what guise (ie are they using PoFA) if they carry through their threat. 

KSKnight

ok thanks so much guys, its an odd one for sure! Ok, well still waiting to get a response from HR, will see if they end this fiasco for me. 

nosferatu1001

I HAD read your last post, thanks for assuming otherwise. 
It changes absolutely nothing about your situation. Theyt sue your dad, or he tells them the name and address of the driver, thus discharging ANY chance of them legitimately being able to sue him, and they can sue the driver if they wish. 
Nothign about the part payment changes that. Nothing.