4 Year Old PCN with bonus PCN

Coupon-mad

Loaned to your partner so unlikely you were driving?  Or is the claim in your partner's name?

Group Nexus never use POFA 2012 wording at all, neither in their PCNs nor NTK/NTH letters so cannot hold a non-driver liable.

snores

Coupon-mad said:

Loaned to your partner so unlikely you were driving?  Or is the claim in your partner's name?

Group Nexus never use POFA 2012 wording at all, neither in their PCNs nor NTK/NTH letters so cannot hold a non-driver liable.

The claims for both vehicles are in my name - I am the RK of our vehicle and when my partner dropped it off at the dealership for a service, the courtesy car was loaned out in my name as I am the RK, and my partner is a named driver. 

I dug through our messages from 4 years ago and I was definitely not driving on either of the days

D_P_Dance

Some judges are only awardeing 1% interest .  I am getting 0,01% on my deposit account with Natwest

Castle

snores said:

Coupon-mad said:

Loaned to your partner so unlikely you were driving?  Or is the claim in your partner's name?

Group Nexus never use POFA 2012 wording at all, neither in their PCNs nor NTK/NTH letters so cannot hold a non-driver liable.

The claims for both vehicles are in my name - I am the RK of our vehicle and when my partner dropped it off at the dealership for a service, the courtesy car was loaned out in my name as I am the RK, and my partner is a named driver. 

I dug through our messages from 4 years ago and I was definitely not driving on either of the days

I doubt it; the Garage was probably the RK and you were the Hirer.

snores

Castle said:

snores said:

Coupon-mad said:

Loaned to your partner so unlikely you were driving?  Or is the claim in your partner's name?

Group Nexus never use POFA 2012 wording at all, neither in their PCNs nor NTK/NTH letters so cannot hold a non-driver liable.

The claims for both vehicles are in my name - I am the RK of our vehicle and when my partner dropped it off at the dealership for a service, the courtesy car was loaned out in my name as I am the RK, and my partner is a named driver. 

I dug through our messages from 4 years ago and I was definitely not driving on either of the days

I doubt it; the Garage was probably the RK and you were the Hirer.

Yes sorry I meant I am the RK of my vehicle therefore, despite my partner collecting the courtesy car, the main hirer on the loan/hire would have been me which is why the PCN has come in my name

Coupon-mad

You realise that CP Plus can't hold you liable then, as they have never used the POFA law for keeper or hirer liability?

The evidence in your WS that you were not driving, plus an understanding of how to explain the 'non-POFA-ness' to a Judge, is your strongest suit.

snores

Coupon-mad said:

You realise that CP Plus can't hold you liable then, as they have never used the POFA law for keeper or hirer liability?

The evidence in your WS that you were not driving, plus an understanding of how to explain the 'non-POFA-ness' to a Judge, is your strongest suit.

Thank you, that's reassuring to know.

I must admit I need to brush up on POFA and how GN haven't abided by it. I will look further into this 

Redx

snores said:

Castle said:

snores said:

Coupon-mad said:

Loaned to your partner so unlikely you were driving?  Or is the claim in your partner's name?

Group Nexus never use POFA 2012 wording at all, neither in their PCNs nor NTK/NTH letters so cannot hold a non-driver liable.

The claims for both vehicles are in my name - I am the RK of our vehicle and when my partner dropped it off at the dealership for a service, the courtesy car was loaned out in my name as I am the RK, and my partner is a named driver. 

I dug through our messages from 4 years ago and I was definitely not driving on either of the days

I doubt it; the Garage was probably the RK and you were the Hirer.

Yes sorry I meant I am the RK of my vehicle therefore, despite my partner collecting the courtesy car, the main hirer on the loan/hire would have been me which is why the PCN has come in my name

You were the keeper of the vehicle , recorded against you by the garage or hire company

A Registered Keeper is the one listed on the DVLA database , it may seem minor to you , but is of major importance in these matters

You became a day to day keeper of the hire or lease vehicle , loan car , so either a hirer or lessee , under contractual obligations to the RK , the lease or hire company

Group Nexus never comply with POFA , so as hirer keeper but not Driver you have no liability in law , plus you are not the RK so POFA cannot apply to you either , even if they did comply

It is very important to understand these differences , namely

Owner ( could be Toyota finance or lex or Barclays Bank )
Registered keeper , the garage or hire company , registered with the DVLA , listed on the V5C
Hirer or lessee , day to day keeper , you
Driver , somebody you know , but not you

snores

@Redx thank you for the clarification, it helps greatly. I am looking into POFA to strengthen my understanding of it.

I have emailed all 3 retailers in the retail park and hopefully Plan A will work out

Coupon-mad

Have a look at the wording by Edna Basher, of the specific Hirer appeal in the Newbies thread first post.  It explains schedule 4 and what PPCs fail to do in hirer cases.

In addition to that, CP Plus also never use (we mean have chosen NEVER to use!) para 9 wording in their Notice to Keepers anyway.

So, keeper/hirer liability was never engaged as a possibility even with the first notice PCN they sent to the registered keeper company.