POFA -help

bm266

I have a leased car

My employer was sent a reminder 3 months after the event. They had not been sent an initial PCN by Group Nexus

They gave my name as the keeper

I wrote to GN stating under POFA notices had to be given in 14 days. The notice clearly refers to the POFA

They have replied today that the charge was not issued under the POFA, but it refers to it under more information. They also say they have 6 months under DVLA rules to issue the notice

They are demanding I tell them the driver
If it not under the POFA do I have to tell them?

Coupon-mad

"I wrote to GN stating under POFA notices had to be given in 14 days."

Hmmm...that's not correct in a lease car situation.

Obviously you don't name the driver.

You simply need to read the (properly argued) lease/company car appeal you should have sent; the one near the end of the first post of the NEWBIES thread. The one by EdnaBasher.

Why not just ping that back as your response?  Please don't reproduce it here... 

Fruitcake

There is no law in the UK requiring you to name the driver.

They do not have to comply with the PoFA but if they don't, they cannot hold either the keeper or the hirer/lessee liable.

As hirer/lessee, the PPC must comply with the requirements of paras 13 and 14 of Sch 4 of the PoFA.

bm266

Coupon-mad said:

"I wrote to GN stating under POFA notices had to be given in 14 days."

Hmmm...that's not correct in a lease car situation.

Obviously you don't name the driver.

You simply need to read the (properly argued) lease/company car appeal you should have sent; the one near the end of the first post of the NEWBIES thread. The one by EdnaBasher.

Why not just ping that back as your response?  Please don't reproduce it here... 

Sorry a did that on a mail the following day to them. Copy the EdnaBasher mail

They have come back saying the charge in question was issued without invoking the PoFA and I need to tell them the driver.
They apologise that is was issued later than the BPA AOS guidelines due to a number of reasons including delays in the receiving the keeper information or data processing
However they still want the money
They have also not provided appeal detail's nor.fornally saying the have turned down the appeal

Do I have to give the driver and on what basis if not the PoFA

Le_Kirk

There is no law that compels you to name the driver!

Coupon-mad

Nothing has changed about our advice; clearly you just await your rejection letter and POPLA code.

I can never quite understand why people worry about this.  A PPC begging to know who was driving is fully expected because they know they will lose with a nonPOFA NTH at POPLA.

Obviously you don't tell them.