LBC - Should Keeper name driver in this case?

wibble73

Thank you all for the advice. I have reviewed a copy of the 'meltof' defence. I guess i should probably tweak para 3 wording as my wife (for whom I'm advising in this) did state in an email reply to DCBlegal that the driver was her husband (not named) as indicated in the photo Smart Parking took of her car ?.

1. The Defendant is unable to recall who may have been driving on an unremarkable date and unspecified time, though evidence demonstrates it was not the Defendant. There can be no 'keeper liability' in this case. Research has proved that this Claimant has never used the provisions of Schedule 4 of the POFA 2012 and they know, or should know, that they cannot hold registered keepers liable.

Coupon-mad

Change this:

"The Defendant is unable to recall who may have been driving on an unremarkable date and unspecified time though evidence demonstrates it was not the Defendant."

to this:

The Claimant is aware from their own photographs that the driver was male. Further, the Defendant informed the Claimant's 'boilerplate roboclaim' representatives (DCB Legal) by email prior to litigation, that the driver was her husband and she drew their attention to the arrival image that Smart Parking took. Thus, the Claimant knew that the Defendant is the wrong person to pursue.

P.S. she could counterclaim for £300 as a remedy for herself for their data abuse (they already know she isn't liable) if she wants, but that forces it to a hearing. Up to her. If she just defends then in about 6 months time, they WILL discontinue.

wibble73

ok, v helpful. thanks again

wibble73

Brief update. Had the mediation call today, which surprisingly my wife was prepared to
take after some encouraging snippets from the forum.

Upshot, DCBL agreed to settle for £10. Very happy with the outcome :)

Thank you for the invaluable support and time of people here and on the forum in general, v much appreciated.

For the record…
DCBL were after £270
Wife offers £5
DCBL counter with £210
Wife offers £10, final offer
DCBL counter with £60, final offer
Wife reiterates £10 was final
Mediator says expect court, wife says fine
DCBL accept the £10

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82109410#Comment_82109410

Brilliant! Well worth defending these. That's a win, as it cost them a £35 fee!

ANOTHER ONE BITES THE DUST!