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Debt Tecovery

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BusyBee1904
BusyBee1904 Posts: 17 Forumite
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in Parking tickets, fines & parking
I received PCN from ncp. I wasn't driving so filled in back of form with name and address of driver and sent it back. Received letter asking for email address as driver lives in Germany. The very next day I received a Keeper Liability Notice saying (amongst more) that I hadn't complied with their request. I sent a letter saying I had complied and that I assumed I could disregard their letter. I heard nothing until I received a letter from TRACE Debt Recovery UK Ltd. I emailed them stating same I said here and received reply that proceedings have been put on hold until further response.

Slightly panicking I called the Citizens Advice Bureau and was told quite firmly by the lady that i am liable for the fine and that i should pay asap to avoid further costs or court actions.

Reading the threads on here I am now unsure what to do. Please help.
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  • Quentin
    Quentin Posts: 40,405 Forumite
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    Everyone is politely asked not to post here until they have read up on this "game" in the newbies faq thread near the top of the forum.


    Go there now to see how to deal with debt collectors (ignore them!) - and do the same over the CAB's advice!!
  • Umkomaas
    Umkomaas Posts: 41,462 Forumite
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    Slightly panicking I called the Citizens Advice Bureau and was told quite firmly by the lady that i am liable for the fine and that i should pay asap to avoid further costs or court actions.
    Im afraid it’s the usual dreadful advice from the CAB. It’s rubbish.

    If you have provided the name and full postal address of the driver (the fact that’s in Germany is neither here nor there), you have complied with the requirements of the Protection of Freedoms Act 2012.

    You must therefore complain to the BPA and the DVLA that NCP are hounding the keeper of the vehicle despite you having transferred liability - in a correct and proper way - to the driver.

    steve.c@britishparking.co.uk

    david.dunford@dvla.gsi.gov.uk
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • BusyBee1904
    BusyBee1904 Posts: 17 Forumite
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    Thank you, Umkomaas, for your reply and putting my mind to rest.
    Do I need to just write an email to those two or will I need to quote any legal jargon?
  • Umkomaas
    Umkomaas Posts: 41,462 Forumite
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    edited 23 November 2017 at 9:28AM
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    BusyBee1904 wrote: »
    Thank you, Umkomaas, for your reply and putting my mind to rest.
    Do I need to just write an email to those two or will I need to quote any legal jargon?

    Email both and state that you have provided both the ‘name and an address for service of the driver’ (use those words) and therefore, as the keeper of the vehicle, you have no liability whatsoever for the charge. The PPC now has no grounds under the Protection of Freedoms Act 2012 to be pursuing you as the keeper.

    If you have a copy of your notification to NCP of the driver’s details, attach a copy to the emails.

    Ask both to investigate this case and to direct NCP to cease pursuing you and for them to instruct their agent to do likewise.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • BusyBee1904
    BusyBee1904 Posts: 17 Forumite
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    Thank you so much for your help.
  • BusyBee1904
    BusyBee1904 Posts: 17 Forumite
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    I've received a reply to my complaint:

    "I am advised that a name and full address was provided for the driver, however, as the person concerned is a resident of Dusseldorf, outside of the UK, the operator was unable to accept that as a servicable address. Schedule Four of the Protection of Freedoms Act 2012 requires a servicable address to be supplied in order to transfer liability. As none has been supplied, the liablity has reverted back to the Registered Keeper in accordance with the legislation."

    I guess I have to bite the bullet and pay :(
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    BusyBee1904 wrote: »
    I've received a reply to my complaint:

    "I am advised that a name and full address was provided for the driver, however, as the person concerned is a resident of Dusseldorf, outside of the UK, the operator was unable to accept that as a servicable address. Schedule Four of the Protection of Freedoms Act 2012 requires a servicable address to be supplied in order to transfer liability. As none has been supplied, the liablity has reverted back to the Registered Keeper in accordance with the legislation."

    I guess I have to bite the bullet and pay :(

    Just hang on for a moment
    I am not sure where the act actually says it has to be
    in the UK ??

    You have provided a servicable address
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
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    edited 28 November 2017 at 12:26PM
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    BusyBee1904 wrote: »
    I've received a reply to my complaint:

    "I am advised that a name and full address was provided for the driver, however, as the person concerned is a resident of Dusseldorf, outside of the UK, the operator was unable to accept that as a servicable address. Schedule Four of the Protection of Freedoms Act 2012 requires a servicable address to be supplied in order to transfer liability. As none has been supplied, the liablity has reverted back to the Registered Keeper in accordance with the legislation."

    I guess I have to bite the bullet and pay :(


    who sent that reply?



    the operator was unable to accept that as a servicable address. tuf luck , tell operator to read POFa 2012


    EDIT: http://parking-prankster.blogspot.co.uk/2014/07/popla-rule-address-for-service-can-be.html
    Save a Rachael

    buy a share in crapita
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    pappa_golf wrote: »
    who sent that reply?

    the operator was unable to accept that as a servicable address. tuf luck , tell operator to read POFa 2012

    EDIT: http://parking-prankster.blogspot.co.uk/2014/07/popla-rule-address-for-service-can-be.html

    +1 pappa

    Providing a genuine foreign address is perfectly legitimate.
    The keeper is no longer liable

    So busybee ... NO, you do not have to bite the bullet and pay
  • BusyBee1904
    BusyBee1904 Posts: 17 Forumite
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    I am advised that a name and full address was provided for the driver, however, as the person concerned is a resident of Dusseldorf, outside of the UK, the operator was unable to accept that as a servicable address. Schedule Four of the Protection of Freedoms Act 2012 requires a servicable address to be supplied in order to transfer liability. As none has been supplied, the liablity has reverted back to the Registered Keeper in accordance with the legislation.

    The operator has also written to you to explain that they are unable to write to a non UK address, and has asked for further information, but inform me that nothing was provided. It should also be noted that the Registered Keeper is also able to appeal a charge as per the instruction on the Notice to Keeper, but as no appeal was received within the permitted timeframes, and as the charge remained unpaid, it has progressed to debt recovery.

    I appreciate this may not have been the response you might have hoped for, but as there is no evidence of a breach of a point raised in the Code of Practice, I regret I am unable to assist you further, and this case is now closed.

    I would suggest that if you wish to contest the charge further that you do so via the legal system. Please seek legal advice from an appropriate source if this is the action you wish to take.

    Kind regards,


    Compliance Officer
    AOS Investigation Team

    "Case closed". Is there any point in replying as I really don't want to go the legal way?
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