Respond or not respond to PCN?

[ostell]

Re: Respond or not respond to PCN?

Don't ignore a letter before claim. Point them back to your first letter stating that they have failed in POFA to hold the keeper liable.

[Redeye]

Re: Respond or not respond to PCN?

Thanks Ostell, She has replied with the following....

"To Whom it may concern,

In response to your letter before action dated 24-07-2017.


As the registered keeper of XXXX XXX, I refer you back to my original response dated xx-xx-xxxx which states you have not complied with the POFA act 2012 and therefore have no claim.


You have ignored my request to remove this notice under section 10 of the DPA, and you have continued to harass me with threatening letters.


I expect confirmation within 14 days that the matter is now closed.


Yours Sincerely,"

[charitynjw]

Re: Respond or not respond to PCN?

Have you ID'd who was driving at the relevant time?

There was a reason for asking this.

If the driver has been ID'd, or can be assumed by implication (on balance of probability), they can abandon PoFA & sue via common law contract breach.
What would you reply in court to a judge who asks "Were you (Defendant) the driver? If not you, who was?".
That is what a judge asked in a hearing last week.

[Redeye]

Re: Respond or not respond to PCN?

We haven't ID'd the driver yet. If it goes to court and it has to be sworn under oath, then I guess at that point they win their right to extort money under the current legal system!

[charitynjw]

Re: Respond or not respond to PCN?

We haven't ID'd the driver yet. If it goes to court and it has to be sworn under oath, then I guess at that point they win their right to extort money under the current legal system!

Nope!
There is no requirement to ID the driver, even in court.
The judge cannot force the issue either.
I was at that hearing (as a McK Friend helper).
We stuck to our guns, made the other party's legal rep confirm that they were pursuing the Defendant as registered keeper, not driver, & then trashed the Notice to Keeper.
The judge was seething, but could not do anything but dismiss the claim.
It was scary, but worthwhile in the end.

[charitynjw]

Re: Respond or not respond to PCN?

Btw, in one of the cases referred to in that draft witness statement (Vine v Waltham Forest), there was never any dispute as to whether Ms Vine was the driver at the time.
http://www.bailii.org/ew/cases/EWCA/Civ/2000/106.html

But you will want to confine your argument to the *transfer of liability to the registered keeper via PoFA, 'cos then you can point to the defective NtK.

*PoFA 2012 Schedule 4(5)
http://www.legislation.gov.uk/ukpga/...dule/4/enacted

[Redeye]

Re: Respond or not respond to PCN?

Great info. It's good to know you still won that case.

Thanks for the advice