Parked without payment/Keeper liability

arkleisthegreatest

I’m sorry. I have only just seen your reply. Thank you for this advice.

arkleisthegreatest

Coupon-mad said:

Just ignore VARS completely. Nothing will happen but tell them if you move house within 6 years. That is all.

Come back if they ever try a small claim.

To answer your question: a keeper can transfer liability at any time before a court claim but DO NOT do it, unless...

...Unless the driver is more robust than the driver at ignoring silly red font £170 debt demands (think hard about it?) DON'T throw the driver under the bus because there's no appeal open to either of you. The keeper is always in a stronger legal position.

Thank you for this advice.

I know you suggest NOT to transfer liability, however, should VARS accept the transfer of liability from the keeper to the driver (as they must by law), shouldn’t the process start all over again. (i.e. the driver is then afforded the opportunity to appeal to VARS, then to POPLA?).

Car1980

Yes, the driver should receive a Notice to Driver in the post.

Coupon-mad

Car1980 said:

Yes, the driver should receive a Notice to Driver in the post.

But they won't.

arkleisthegreatest

https://forums.moneysavingexpert.com/discussion/comment/81215026#Comment_81215026

Hello. DCBLegal LTD have now issued me a Letter of Claim. Do you suggest replying as per the second post on the newbies thread? Thanks for your time.

Coupon-mad

Who is getting this letter? The Keeper? And presumably they have decided not to transfer liability and are happy to defend?

Car1980

https://forums.moneysavingexpert.com/discussion/comment/81273726#Comment_81273726

You mean just regarding Excel? Because I have one from Euro Car Parks right here after getting to the DCB LBA stage 🙂

arkleisthegreatest

https://forums.moneysavingexpert.com/discussion/comment/81867091#Comment_81867091

The keeper has received this letter. Liability has not been transferred.

arkleisthegreatest

https://forums.moneysavingexpert.com/discussion/comment/81867091#Comment_81867091

Hello. I replied to DCBLegal with the template from the Newbies thread, adding in my own unique defence points.

In the meantime VARS Technology Ltd emailed me to say that after consultation from the landowner, they can confirm that the case is now closed and no further action is required. This was received on 27 February.

Today I received the Claim Form from the Northampton Court. Issue date is also 27 February. Do you suggest my defence is simply that VARS have put in writing that this case is closed and therefore there is no further case to answer to?

Many thanks for your help.

ChirpyChicken

log a defence anyway