Debt Tecovery

pappa_golf

http://parking-prankster.blogspot.co.uk/2017/12/british-parking-association-put-up.html

[Deleted User]

There are never definites, BUT:

It would've been very easy to add the words "within the jurisdiction of E&W" when drafting, but they did not do so. This is for the obvious reason that (a) the driver may not reside within E&W, but also (b) that the transfer provisions are not punitive.

They are there to prevent avoidance of tickets altogether (by ignoring correspondence). To impose a liability where none otherwise exists in law is in effect to create an automatic liability on the owner of the vehicle. Unlike most EU jurisdictions this country has never done that.

BusyBee1904

The latest and most important update:

"... While all the conjecture was going on, I have been in contact with a good contact at NCP and they have agreed to accept your transfer of liability, and will follow up with the nominated driver in Germany.

I hope you agree that this is an appropriate resolution and I do thank you, for both bringing this matter to my attention and for allowing the theorists - myself and the all MSE posters - to debate your particular case.

Kind regards

Steve Clark
Head of Business Operations
British Parking Association ..."

Thank you all for your help.
I just wonder now if NCP is still in the timelimit to serve Notice to the driver

pappa_golf

BusyBee1904 wrote: »

The latest and most important update:

"... While all the conjecture was going on, I have been in contact with a good contact at NCP and they have agreed to accept your transfer of liability, and will follow up with the nominated driver in Germany.

I hope you agree that this is an appropriate resolution and I do thank you, for both bringing this matter to my attention and for allowing the theorists - myself and the all MSE posters - to debate your particular case.

Kind regards

Steve Clark
Head of Business Operations
British Parking Association ..."

Thank you all for your help.
I just wonder now if NCP is still in the timelimit to serve Notice to the driver

but WHY should NCP have a change of mind? after all Mr Clark has told them they are (or where) not breaking any rules or COP ?

me thinks , your publication of Mr Clarks letter and the PP blog has caused embarrassment

Loadsofchildren123

Has Mr Clarke had legal advice? Because the OP here has, albeit anonymously on this forum. To me the irony is that BPA requires its members to be familiar with the law, inter alia, POFA.

beamerguy

Very embarrassing for Steve Clarke, not knowing the meaning
of the BPA's CoP's ??

The OP can now walk away from this

Will NCP write to Germany ??? maybe but is the driver
under any obligation to reply ?? cannot see why they should.

What will they do then ???

nosferatu1001

The driver does not have to reply. For NCP to do more to the Keeper, they would have to somehow prove that no driver exists there, as opposed to just being able to assume thata lack of response is proof of anything.

pappa_golf

beamerguy wrote: »

Very embarrassing for Steve Clarke, not knowing the meaning
of the BPA's CoP's ??

The OP can now walk away from this

Will NCP write to Germany ??? maybe but is the driver
under any obligation to reply ?? cannot see why they should.

What will they do then ???

cry ,,,,,,,,,,,,,,,,,,,,,,

bargepole

From Reuters:

Breaking News: End to deadlock in EU negotiations.

Following months of stalled negotiations, with the entrenched positions on both sides seeming intractable, a historic agreement has now been reached between Britain and the EU member states. Prime Minister Theresa May flew to Brussels this morning to meet with EU President Jean-Claude Juncker, and after a meeting made the following statement: “We have been trying to conclude a deal for some time now, and although the main sticking points widely reported in the media seemed to be the questions of the border between the Republic of Ireland and Northern Ireland, and the amount the UK is obliged to pay the EU when we leave, the real issue was the fact that the British Parking Association were advising their members not to recognise addresses in other EU member states as valid addresses for service of parking charge notices. I am delighted to say that, thanks to the intervention of Steve Clark, that issue is now resolved, and both sides can move forward to the next round of talks.”

Umkomaas

I just wonder now if NCP is still in the timelimit to serve Notice to the driver

They can serve that at any time. They have up to 6 years to pursue a civil claim in England and Wales, but a resident of Germany is likely out of jurisdiction for the UK civil courts (perhaps Johnersh, LOC123 or bargepole might confirm, or whether there are any parallel arrangements within the EU?).