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Has anyone ever tried a defence of simply saying "I am the keeper, I got the PCN in the post but I have not given the driver details because I simply do not know who was driving the car at the time it was parked. If I could remember I would tell you but I'm sorry, it was months ago and I simply can't remember"" Any thoughts on what the outcome would be ?
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keeper would lose if that was his only defence -
Yes i concur with Des, the keeper would get slaughtered,I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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Agreed with both. As I read POFA it suggests a strict liability if the registered keeper is unable to identify the driver at the time of the incident, unlike the criminal equivalent where you can have a reasonable defence if you use reasonable diligence to identify the driver but are unable to do so.If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.Comment
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So if they have complied with the requirements of POFA then you lose.Comment
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pretty much thought so actually ....thanks for confirmation thoComment
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