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       #Post#: 12586--------------------------------------------------
       Re: DVLA SAR data reliable?
   DIR By: DWMB2
       Date: December 17, 2023, 9:38 am
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       --- Quote from: Scientist and Saint link ---
       >
       > There could be a good reason why the keeper would not identify
       the driver even if it were not them.
       >
       --- End Quote ---
       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.
       #Post#: 12688--------------------------------------------------
       Re: DVLA SAR data reliable?
   DIR By: guest968
       Date: December 19, 2023, 11:17 am
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       --- Quote from: slapdash link ---
       >
       > The underlying contract was formed by the driver, whoever that
       may be.
       >
       --- End Quote ---
       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.
       #Post#: 12689--------------------------------------------------
       Re: DVLA SAR data reliable?
   DIR By: guest968
       Date: December 19, 2023, 11:40 am
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       --- Quote from: H C Andersen link ---
       >
       > 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,
       >
       --- End Quote ---
       It's not merely "dressed up in PoFA-like references" - the NTK
       includes
       
  HTML https://i.postimg.cc/CR6fD1XQ/Screen-Hunter-1745.jpg
  HTML https://postimg.cc/CR6fD1XQ
       And the letter from their Recovery Agent includes:
       
       [indent]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.[/indent]
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