***Help a Canadian visitor with a PPT please!***

Umkomaas

They have six months to access data from the DVLA - but, one pass only. They've had it!

They have 6 years to pursue through the county court.

nosferatu1001

They are only allowed to access the DVLA database with "reasonable cause"; that is, either to chase the Keeper under POFA2012, or to ask the Keeper to identify the Driver so they can be chased

You have already said you were the driver, and so NEITHER option is available to them. (A Keeper can only be liable in cases where the Drivers identity and serviceable address are not known to the parking company; they DO know these) If they DO access the DVLA, then a formal complaint MUST be made to the DVLA asking that the parking firms access is revoked.

As Easirent call these invoiced "fines", and are clearly not charging a fair administrative cost (it takes no more than 5 minutes of effort to send the details out to the parking company), a charge back dispute woudl be easy, SHOULD the DVLA be contacted.

You stated the correspondence was going to your brothers address - will he have mail forwarding in place for e.g. 6 months, to catch any letters after the fact?

juxepe

Umkomaas wrote: »

They have six months to access data from the DVLA - but, one pass only. They've had it!

They have 6 years to pursue through the county court.

Excellent, I don't think I ought to be worried about them pursuing me via the county court - seeing as I'm not a UK resident or citizen? Once the 6 months pass I will mail them with my Canadian address, so hopefully that deters them from pursuing it any further.

juxepe

nosferatu1001 wrote: »

You stated the correspondence was going to your brothers address - will he have mail forwarding in place for e.g. 6 months, to catch any letters after the fact?

Thanks for that, makes sense.

I'll make sure he does!

Umkomaas

juxepe wrote: »

Excellent, I don't think I ought to be worried about them pursuing me via the county court - seeing as I'm not a UK resident or citizen? Once the 6 months pass I will mail them with my Canadian address, so hopefully that deters them from pursuing it any further.

I understand you can't be pursued, but it won't stop the juggernaut roboclaim industry issuing court papers. All they will see is a name and address. If the case is not defended there will be a default judgment against the name and address.

I understand that credit agencies can tag an address as having a default judgment against it, giving the residents of the address some issues, hence my suggestion you check back here with us if court papers are issued. It will be better killed off at that stage.

Just 'safety first' advice, rather than anything untoward for you to concern yourself with right now.

juxepe

Umkomaas wrote: »

I understand you can't be pursued, but it won't stop the juggernaut roboclaim industry issuing court papers. All they will see is a name and address. If the case is not defended there will be a default judgment against the name and address.

I understand that credit agencies can tag an address as having a default judgment against it, giving the residents of the address some issues, hence my suggestion you check back here with us if court papers are issued. It will be better killed off at that stage.

Just 'safety first' advice, rather than anything untoward for you to concern yourself with right now.

Understood, thanks, Umkomaas. This was an interesting ride thus far, learned quite a bit.

juxepe

So bad news, I just got charged the 55 pound admin fee from Easirent and they emailed me a scanned copy of the letter the Parking company sent them, demanding payment etc.

I initially suspected that they decided to look up the DVLA info for the 2nd PCN, as they quoted back to me my 1st PCN's reference number only in the letter rejecting my appeal. However, the letter they sent to Easirent refers to the 1st PCN's reference number. Does this mean Easirent might get another letter demanding payment for the 2nd PCN, and I'll get another 55 pound charge?

So now the Parking company has my Canadian address details - should I be worried? Should I still ignore their demands?

I don't think Easirent will pay the PCN and then charge me, as it says in the letter the parking company has 'the full right to recover from the driver so much of that parking charge amount as remains unpaid.'

If I'm not mistaken, I cannot contest the 55 pound 'admin fee' from Easirent as it's stipulated in the rental contract. Next steps?

Umkomaas

So now the Parking company has my Canadian address details - should I be worried? Should I still ignore their demands?

Nothing to worry about. Ignore any PPC demands. They're unlikely to write to you in Canada.

If I'm not mistaken, I cannot contest the 55 pound 'admin fee' from Easirent as it's stipulated in the rental contract.

Why not? What exactly is stipulated? Nothing about private parking charge invoices I bet?

Next steps?

1. As this is a hire car case you need to be aware of the understanding hire car companies (via their Trade Association - the British Vehicle Rental and Leasing Association) and the BPA have reached. There may be something in it that might help you?

https://www.dropbox.com/s/9b0iavad3aqeh28/BPA%20BVRLA%20MoU.pdf?dl=0

2. Contact your credit card company and put the charge into dispute. Do you have any advisory organisations in Canada to help you on the credit card dispute front?

nosferatu1001

Indeed, have you checked EXACTLY what Easirents conditions state? I bet they dont cover private parking charges. if they dont, then they have no right to pass that charge on.

KeithP

juxepe wrote: »

So bad news, I just got charged the 55 pound admin fee from Easirent and they emailed me a scanned copy of the letter the Parking company sent them, demanding payment etc.

Have another read of post#43.

Clearly the PPC have abused the process by asking the DVLA for keeper details when they already had the driver details.