You are onto something here... POFA s.4 states:
"6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)—
(a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8...
8(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met....
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given."
In the Claimant's WS, from para 54 onwards, they refer to p.9 of POFA regarding the issuing of the notice to the Keeper. They're relying on the wrong paragraph because, as they've issued a notice to driver, they should be relying on p.8, as I've quoted above. The notice to keeper can then only be issued once 28 days have passed. They're stating that it's 14 days, and that they have done this in your case.
Did you include POFA as a WS exhibit?
With regards to evidence raised above, since the application is now scheduled for a hearing, what if I wanted to submit further evidence to support my case for the hearing.
How would that affect the already submitted Witness Statement with the application? (It was not originally meant for a hearing)
dx100uk - sorry for the multiple pages but there should have only been 2. I have placed them in pdf and will upload them again.
Debt Recovery Plus Ltd - 7-10-19.pdf
Debt Recovery Plus Ltd - 20-9-19.pdf
p.37 refers to legal remedies being available to hold the keeper liable. p.41 states that their position is that they can hold the registered keeper liable.
I'd say that's pretty conclusive that they are relying on POFA.
Regards the notice to driver - they mention in their WS that this was issued and that evidence of such is exhibited. What have they disclosed in relation to this?
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!