Hire van and CEL ...

then edit post #1 to only say THE DRIVER , THE KEEPER etc, no naming who did what and keep the irrelevant details out of it , this is how people trip themselves up

then you need to do the AOS online

then draft your DEFENCE , add in paragraphs about what you deem to be important like the planning permission, advertising consent , changes required by the BPA CoP when a car park changes from no restrictions to monitored and restricted etc

post it on here for critique

until you do this people here wont play 20 questions and theorise about what should be in it , so adapt one and post it on here , that is how this works , you post it , we critique it

R16kho wrote: »

The driver of the vehicle has not been revealed, only saying I did not see any signs. I am allowed to be in the vehicle in some capacity and the letter was sent to me?

as it was a hire vehicle, the only way a letter can be sent to you is if you are the hirer/lessee and are named by the hire co as neither the driver or the hirer are named on the V5c

so at the moment it is unclear how this progressed from a vehicle with a VRM on it to a letter arriving at your address, as the VRM dvla lookup would have pointed CEL at the hire co and NOT at you , so your account (story) does not make sense

in which case find out if they named the hirer and when , plus if they gave copies of the hire documents etc as defined in POFA2012 in order for the hire co to transfer liability from them to the hirer (as keeper)

if CEL failed to follow POFA2012, in wording and/or timescales , then the keeper/hirer/lessee cannot be demmed responsible for the action of the unnamed driver , which would be a major defence point (ie:- keeper liability)

my opinion is that for a letter to arrive at your house or home, the hire co must have named you as hirer

R16kho wrote: »

They have said not due to additional costs but will find out more on Monday. Thank you.

if that statement was true , then there is no way any letters demanding money would have arrived at your address with your name on them

ergo, they blabbed as the evidence proves it , but they may not have sent copies of the hire docs with their naming of the hirer as required under POFA2012

somebody passed CEL your details, so either there was a DPA breach , or they followed the BVRLA guidelines (or half of the guidelines by naming the hirer)

R16kho wrote: »

A DPA breach on behalf of the hire company?

depends what their T & C,s say , plus who passed on your details to CEL

if it was the hire co and they are allowed to in their T & C,s then there would be no DPA breach

however, if an employee of theirs was paid or bribed by CEL on the qt for the information or it was done unofficially etc , then its a DPA breach

the devil is in the detail

my money is on the hire co passing on the hirer details as required to fulfil POFA2012, plus to fulfil the BVRLA guidelines , and as per their T & C,s , so by legal means