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Hypothetically speaking.....


Meekyou
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If you were dealing with a PCN via the Issuer & a debt collector etc etc, say almost a year from when the PCN was issued, and they were still threatening court action - you haven't named a driver, arguments and appeals are based upon you admitting to being the Registered Keeper as per DVLA records.

 

What if you then decided to name the driver...... as far as I know, this then resets the clock and the process has to start again, i.e. right to appeal to Issuer, then PoPLA.

 

But..... what if you named the driver as yourself - same name as Keeper that you have previously appealed under & continue to argue under....?

 

Would this still reset the clock, and allow you to restart your appeal to Issuer, then PoPLA etc??

 

Thoughts.....?

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If you were dealing with a PCN via the Issuer & a debt collector etc etc, say almost a year from when the PCN was issued, and they were still threatening court action - you haven't named a driver, arguments and appeals are based upon you admitting to being the Registered Keeper as per DVLA records.

 

What if you then decided to name the driver...... as far as I know, this then resets the clock and the process has to start again, i.e. right to appeal to Issuer, then PoPLA.

 

Yes. As in the registered keeper can no longer be held liable.

 

But..... what if you named the driver as yourself - same name as Keeper that you have previously appealed under & continue to argue under....?

 

What do you think the same person could say happened differently?

 

Would this still reset the clock, and allow you to restart your appeal to Issuer, then PoPLA etc??

 

No.

Thoughts.....?

 

 

 

In my opinion this would not work.

 

(My cat has just thrown up on my living room floor, back later!)

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so, you are saying that they are chasing the debtor by default and you name that same person as the debtor and does that reset the clock? No They have the same debtor, who no longer needs to be identified so they carry on.

It is not about the persons name, it is about a liability. That hasnt changed. If you named the driver as someone else even 5 years later then the liability for the debt has changed and they have to start again.

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Was only asking, as I have a long standing argument going on regarding a PCN; so anything else I can do to continue to wind them up and cost them even more time and money the better. I've told them countless times to take me to Court, the sooner the better, which they haven't done, and doesn't look like they will.

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Was only asking, as I have a long standing argument going on regarding a PCN; so anything else I can do to continue to wind them up and cost them even more time and money the better. I've told them countless times to take me to Court, the sooner the better, which they haven't done, and doesn't look like they will.

 

I like your style. But why not wait and see. If they do ever issue a letter before action, then that's the time to tell them who the driver was, as long as it's not the same person as the RK, then everything they've done up until that point has been a complete waste of their time & money.

 

Win win lol.gif

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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The next move is with them, so will wait and see what they intend to do. I've even involved BPA on this one, complained about the actions of their members and breaches of BPA's CoP, unsurprisingly the BPA found that they hadn't done anything wrong (because the PCN issuer lied to BPA), but they only concentrated on one issue I raised, and ignored the other breaches - which were blatant lies (and would show their members' true colours). So I've now gone back to the BPA and complained about their Complaints Department's inability to fully investigate and their bias findings.

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