Claim form RE: Poplar 2000 lymm

[Antiwaco]

Hello! I have received a claim form from CP plus asking for just shy of £300. Attached are images of the original PCN/NTK correspondence. From what I gather after reading POFA, there is no mention of transfer of liability from driver to keeper which is required by section 7(f) of POFA? In fact there is no mention of POFA in the letter at all… unsure if this is relevant. From what I have read online involving other similar cases it seems to me that just should be at least mentioned. Would this be enough to defend myself in court?

My response to the claim form was as follows: “Having reviewed the original PCN/NTK documents, there appears to be no mention of POFA(2012) which is required to transfer liability from the driver to the keeper. I was not the driver and as I believe there is no obligation by law to name one I shall not be doing so.”.
In addition to this, the original PCN/NTK letters were sent to an old address in Scotland and the car was scrapped not long after the incident in question. The debt collection agency have found my new address since through a ‘tracing service’ is this legal or are there certain protocols which need to be followed when finding someone’s new address? The car involved in this case was never registered to my current address.
Thanks for reading. Any help at all would be greatly appreciated! Best regards

[MIKE770]

ostell

[ostell]

Is your current address still Scotland?

There is no requirement to specifically mention POFA

The driver is always liable but if they comply with POFA they can transfer liability to the keeper. However they have failed to give the invitation to keeper as required by POFA 9 (2) (e) nor did they give warning of keeper liability as required by 9 (2) (f). Unless they are on the reverse.

They have also failed to give period of parking required by 9 (2) (a). Moving in front of a a camera cannot, by definition, be parking.

The keeper cannot be held liable for more than the original PCN, POFA 4(5)

Even if the keeper is found to be liable then the claim is excessive and an attempt at double recovery. Read this case and incorporate in your defence. https://www.dropbox.com/s/16qovzulab...inson.pdf?dl=0

Yes they can use a tracing service. Irrelevant that you no longer have the car. Make that you inform the court that you were not the driver. If you can get evidence to support this so much the better.

Acknowledge the claim using the details and password on the form on day 5 or shortly afterwards. Nothing in the defence. This will give you 33 days form the date of issue to get your defence to the court