Author Topic: DVLA SAR data reliable?  (Read 1950 times)

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Re: DVLA SAR data reliable?
« Reply #15 on: »
One wonders then what was ever the point of Schedule 4 of PoFA if they can just initiate proceedings against the keeper and succeed in court because on the balance of probabilities the keeper would have been the driver.
Because if the keeper was not the driver they can still hold them liable if they comply,  S4 was never about providing some form of a technical defence to the driver which, to be honest, is what you seem to be seeking.  Keepers were taken to court before PoFA anyway.
There are motorists who have been scammed and those who are yet to be scammed!

Re: DVLA SAR data reliable?
« Reply #16 on: »
Agreed. But a PPC that decides not to use POFA makes a rod for its own back. As claimant it is needs to prove on the balance of probability that the defendant was driving.
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Re: DVLA SAR data reliable?
« Reply #17 on: »
IMO, it's much more fundamental.

If a creditor reasonably believes that the keeper was the driver when they start to pursue the alleged debt then it's an abuse of process to issue a spurious PCN addressed to the keeper dressed up in PoFA-like references, but not PoFA itself, to embroil the keeper in their claim. Even worse, possibly to go to IAS with a claim against the keeper and then to have a miraculous epiphany on the road to court such that their claim is transformed from one against the driver to one against the keeper-cum-driver especially if they offer any evidence obtained from the keeper post issuing their PCN.

Clean hands, my a**e. 

Re: DVLA SAR data reliable?
« Reply #18 on: »
Have BWL issued a letter of claim or acting as mere debt collectors (as seems likely), if the latter then why are you wasting breath on them, they don't know any facts and will just say anything in the hope you'll pay.
Except they do know the facts, as I've sent them a copy of the DVLA letter.

Re: DVLA SAR data reliable?
« Reply #19 on: »
Their logic here is usually that if the keeper was not the driver, he would have said so, as this would strengthen his case considerably, and so the fact he has not implies that he was in fact the driver.
There could be a good reason why the keeper would not identify the driver even if it were not them.

Re: DVLA SAR data reliable?
« Reply #20 on: »
There could be a good reason why the keeper would not identify the driver even if it were not them.
Indeed, but that isn't what I was saying.

My point was that a judge may take the view that defendant who was not driving would say "I was not the driver" (regardless of whether they choose to say who was driving).

A keeper who was driving obviously can't say that, and must rely on seeking to put the parking company to proof that he was indeed driving.

Re: DVLA SAR data reliable?
« Reply #21 on: »
The underlying contract was formed by the driver, whoever that may be.
The driver disputes the existence of an underlying contract.
 
The parking company are refusing to provide proof that they had the right to enter into a contract with the driver, but that argument was put to one side when it became known that they don't have the right which they claim to pursue the keeper for the alleged debt.
 
I.e. the hope is that the issue of the existence of any debt in the first place becomes irrelevant because they have nobody to pursue anyway.

Re: DVLA SAR data reliable?
« Reply #22 on: »
IMO, it's much more fundamental.

If a creditor reasonably believes that the keeper was the driver when they start to pursue the alleged debt then it's an abuse of process to issue a spurious PCN addressed to the keeper dressed up in PoFA-like references,
It's not merely "dressed up in PoFA-like references" - the NTK includes
 


And the letter from their Recovery Agent includes:
 
We maintain that the PCN was rightly issued under the protection of Freedoms Act 2021 and
are Client is legally entitled to pursue you as the Registered Keeper of the vehicle for this
balance.