Battle against GXS Services Ltd/Trace/BW Legal at Shoreham Harbour

hovesquirrel

Jenni_D said:

As you are at LBC stage then you could discharge and keeper liability by notifying the PPC (and BWL) of the name and address of the "keeper on the day" - i.e. the name/address of the garage working on the vehicle?  

Thanks, makes sense. At the fear of “teaching to suck eggs”, would you recommend providing them with evidence or do I simply tell them and keep the evidence in case it does end up in a hearing? Perhaps I’m overthinking it but know they’re not the most rational of individuals so don’t want to screw anything up.

Jenni_D

Logically you'd provide evidence of the garage having the vehicle on the day (e.g. a copy of the invoice for the works, redacted as necessary such as for the cost of the works) - doing so up front would work in your favour should they proceed to a court claim as you'd be able to prove to the court that you'd discharged your liability well before court action started (and had provided the Claimant with such proof), thus the Claimant was acting unreasonably and without cause in bringing the claim.

Copy the garage into the email where you discharge liability (if you have an email address for them - may be on the invoice).

Coupon-mad

Yes, agreed.  You must transfer liability and state clearly that you were not the keeper (POFA definition) on the material date.