Court Defence advice please

Fruitcake

Okay, so the date of the alleged event was the 25th Feb 2019. Please tell us the issue date of the NTK.

bob5678

Redx said:

Answer the questions above please !

A Claimant must prove compliance with POFA to hold a Keeper who was not the driver liable , it's that simple

No POFA compliance means no keeper liability , so chase the driver , who shall not be named !! , Simples !!

The defendant can say that they either know who as driving but decline to say , or say it's a relative or similar , or they do not know who was driving , but they must reply truthfully and honestly. Yer honour , I was not the driver !!  I respectfully decline to say !!

So the claim fails on POFA , the rest is icing on the Cake

The rest comes into it where a claimant complied with POFA , so landowner authority and signage count because they ticked the POFA compliance box and the keeper is liable for the actions of their vehicle

So with POFA compliance , you either name the driver in reply to the NTK PCN , or you take the responsibility on as keeper !

Hi - thanks for this - and sorry I will check which questions I missed
I do think the claimant complied with POFA, apart from the one small point, that they do not explicitly say "We do not know who the driver is" - I don't know if this is a point we can rely on as defence though.

bob5678

Fruitcake said:

Okay, so the date of the alleged event was the 25th Feb 2019. Please tell us the issue date of the NTK.

Issue date of original NTK was March 4th

Fruitcake

bob5678 said:

Fruitcake said:

Okay, so the date of the alleged event was the 25th Feb 2019. Please tell us the issue date of the NTK.

Issue date of original NTK was March 4th

Okay, so the date is PoFA compliant. The wording however is not because it does not define when the 29 days begins.

bob5678

Yes they have complied with nearly every aspect of POFA, except for this one point:
9 (2) the notice must
(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

Redx

They never know who the driver is , which is why they obtain keeper details from the DVLA !

If you read that NTK blurb , they tell you to name the driver if it's not you

If they complied with POFA , Nobody cares who was driving , using POFA they hold you liable , as that POFA warning paragraph clearly states , because you failed to name the driver , meaning that they invited the keeper to name the driver

So I am not the driver does not assist you if POFA is complied with , meaning it is not a Defence Point if you as keeper are liable

KeithP

bob5678 said:

Redx said:

Answer the questions above please !

A Claimant must prove compliance with POFA to hold a Keeper who was not the driver liable , it's that simple

No POFA compliance means no keeper liability , so chase the driver , who shall not be named !! , Simples !!

The defendant can say that they either know who as driving but decline to say , or say it's a relative or similar , or they do not know who was driving , but they must reply truthfully and honestly. Yer honour , I was not the driver !!  I respectfully decline to say !!

So the claim fails on POFA , the rest is icing on the Cake

The rest comes into it where a claimant complied with POFA , so landowner authority and signage count because they ticked the POFA compliance box and the keeper is liable for the actions of their vehicle

So with POFA compliance , you either name the driver in reply to the NTK PCN , or you take the responsibility on as keeper !

I do think the claimant complied with POFA, apart from the one small point, that they do not explicitly say "We do not know who the driver is" - I don't know if this is a point we can rely on as defence though.

And another 'small point' being that they should state when those 29 days start counting from.
Have a look at para 9(2)(f) of POFA.

bob5678

Redx said:

They never know who the driver is , which is why they obtain keeper details from the DVLA !

If you read that NTK blurb , they tell you to name the driver if it's not you

If they complied with POFA , Nobody cares who was driving , using POFA they hold you liable , as that POFA warning paragraph clearly states , because you failed to name the diver

So I am not the driver does not assist you if POFA is complied with , meaning it is not a Defence Point if you as keeper are liable

Ok thanks for this.
So the point I raise above - POFA 9.2.e - to me it looks like they fail to comply with this.
Am I right about that or am I misunderstanding what 9.2.e means?

Redx

To me they included it in that warning , they invite the keeper to name the driver , you did not do so

Fruitcake

You should add something about the NTK failing to comply with the strict requirements of the PoFA 2012 and therefore incapable of holding the keeper liable. 
Expand on that at the WS and exhibits stage.

Forget 9 (2) (e).

Look at 9 (2) (f)