Another one

Jenni_D

Actually your post was correct ... the Claimant is put to strict proof that the Defendant did not name the driver. (OP asserts that they did name the driver, therefore discharging any liability - irrespective of whether the notice to keeper complied with PoFA)

TheBiscuit123

Ok so I'm going be sending this as soon as you guys think its good enough to the solicitors and ukpc.

To Whom it may concern.

I have already named the driver, whom ukpc have failed to contact, I have already transferred liability to the driver and cannot therefore be held liable, therefore the claim is vexatious and I will be claiming costs for unreasonable behaviour.

The Defendant as the registered keeper of the vehicle in question notes that they cannot be held liable due to the Claimant not complying with the "keeper liability" requirements set out in Schedule 4 of the  PoFA 2012.

The Claimant is put to strict proof that the Defendant did not name the driver and transfer liability.

Fruitcake

You need to send it to a specific person or department of the PPC and their litigation team, using "dear sir/madam" if you know their name, or "sirs" if you don't.

You should quote the specific paragraph(s) of Schedule 4 of the PoFA 2012 that are relevant.

Coupon-mad

Never start a communication "To Whom it may concern."

TheBiscuit123

Dear Sirs

I have already named the driver, whom ukpc have failed to contact, I have already transferred liability to the driver and cannot therefore be held liable, therefore the claim is vexatious and I will be claiming costs for unreasonable behaviour.

The Defendant as the registered keeper of the vehicle in question notes that they cannot be held liable due to the Claimant not complying with the "keeper liability" requirements set out in Schedule 4 of the  PoFA 2012 paragraph 9.

The Claimant is put to strict proof that the Defendant did not name the driver and transfer liability.

Coupon-mad

I'm just wondering why is this being drafted...have I missed something?

The 12 steps of what to do, step by step, when you get a court claim are in the Template Defence thread. They don't include sending an email repeating what should be in the defence anyway.

You've presumably already put a defence in saying all that?

I can't tell because you haven't mentioned any claim, nor where it is at; that you've robustly defended the case, nor are you urging them to discontinue the court claim in this email. 

An extra email is fine, if you want to poke them with a stick as well as (but not instead of) a defence. And you need an intro and an ending pointing the way ahead about what you urge their client to do.

TheBiscuit123

I'm  really struggling to pinpoint a paragraph that helps me explain my situation , its all a bit confusing as I dont deal with legal matters ever . Any other suggestions would be most greatly appreciated.

Fruitcake

C-m, the OP is (should be) following the guide to court, but I suggested that they get on record asap that the defendant cannot be held liable and the claim is vexatious because the driver's details have previously been given to the claimant before the claim was issued.

1505grandad

"I have already named the driver, whom ukpc have failed to contact,...."  -  when naming the driver did this include the addess?

If so should you confirm that also? i.e. "I have already given the name and address of the driver..........."

Fruitcake

For the PPC to make a valid claim against the keeper, they must comply with paras 4 (1) and (2) (a) and (b), and para 5 (1) (a) and (b).

They have failed para 5 (1) (b) because they do know the identity of the driver and address for service.