UK Parking Patrol Office. Ticketed for exceeding maximum stay

nmp

Thank you Coupon-Mad, Redx and all for all your help and advice. I am filing the appeal shortly using the below template.

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement. There will be no admissions as to who was driving and no assumptions can be drawn.

Since your PCN is a vague template, I require all photos taken, a clear image of the signage and an explanation of the allegation (e.g. if you have identified a wrong VRN input at a machine, say so, and explain why your Data Protection Officer has not simply rectified it, rather than trying to punish a driver for a matter where there is nothing to deter).

I will be making a formal complaint about your predatory conduct to your client landowner and to my MP, appraising all parties of the debate where Parliament agreed: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''. Firms of your ilk were unanimously condemned as operating an 'outrageous scam' (Hansard 2.2.18). The BPA & IPC were heavily criticised; hardly surprising for an industry where so-called AOS members admit to letting victims 'futilely go through the motions' of appeal and that 'we make it up most of the time' (BBC Watchdog).

Formal note:
I take this opportunity to advise you that an occupant of the vehicle was a genuine patron of stores within the retail park, and formal representations will be made directly with them. I enclose a copy of a credit card statement showing a purchase made at McDonalds on the date, to support this, for example.

Secondly I would advise that you update your records to reflect my current address for service, as below. Please note, if you start a claim despite knowing that my permanent domicile is in another Country, I will be contesting jurisdiction:

Mr XXXX XXXXX
XXXXX
XXXXXXX
XXXXXXXXX

Proof of my address is attached, so you are aware this is the true address where I can be reasonably reached.

You must erase the previous address as it is not my address for service and I cannot be reasonably reached there, and do not live in the UK. If I hear from the current residents that UKPPO or your agents are continuing to send letters to the old UK address, and have failed to erase it, I will report you to the Information Commissioner for breach of the right to erasure of old data (GDPR).

UKPPO cannot reasonably commence court proceedings in the English Court against me and I will not be naming the driver, who was not me. You have no cause of action and need to file this one in the ''too difficult'' pile rather than waste money on postage.

I do not guarantee I will reply again as I am not liable nor within jurisdiction.

I await your response confirming that this PPC has been cancelled.

yours faithfully

KEEPER'S NAME

One other question, the reg keeper has a residential address, as well as a PO Box for postal communication. Would it be acceptable to provide both (or even just the PO Box) and request all communication is through the PO Box? Not sure if this would be considered an acceptable 'address for service'.

Also just to clarify, the reg keeper lives in Spain, is it still safe to assume that jurisdiction is not applicable, in case of any strange EU laws.

Umkomaas

Would it be acceptable to provide both (or even just the PO Box) and request all communication is through the PO Box? Not sure if this would be considered an acceptable 'address for service'.

Just go with the full postal address, then there'll be no suspicion that there's something being hidden in a PO Box one. Don't give them any reason to keep this going.

Also just to clarify, the reg keeper lives in Spain, is it still safe to assume that jurisdiction is not applicable, in case of any strange EU laws.

Even Scotland is outside the jurisdiction of the English courts!

nmp

Umkomaas wrote: »

Just go with the full postal address, then there'll be no suspicion that there's something being hidden in a PO Box one. Don't give them any reason to keep this going.



Even Scotland is outside the jurisdiction of the English courts!

Thank you so much, I will get this appeal lodged shortly.
:beer:

Redx

nmp wrote: »

Thanks for clarifying. Just to clear some points in my own head, may I pose a few more questions?

- UKPPO will likely reject the appeal, and the next stage is up to 6 years of letters demanding payments. - YES

- It is possible in that six years to receive a LBCA, which would require preparing a REBUTTAL against. - YES

- It is possible in that six years to receive an MCOL, which would require preparing a defence against.- YES

- The worst case likely outcome of a court hearing is a CCJ against the Reg Keeper of a JUDGMENT (NOT a fine) of up to £200.00? Off course, this is assuming that you are taken to court and the judgement is found in favour of the parking company. - CORRECT

- The CCJ is removed if the JUDGMENT (NOT a fine) is paid within one month? - CORRECT

- With the reg keeper current address outside of England & Wales, UKPPO have no jurisdiction to take the reg keeper to county court to seek a CCJ? - CORRECT

Is there any other possible outcome in this situation? - LIKE WHAT ?

It feels as if I am missing some important piece of information. - LIKE WHAT ?

there you go, a few alterations made etc

you seem obsessed by the word "fine", this is a civil matter and so no "fine" will ever exist or come about


so as Umkomaas says, give the correct postal address for service of papers

nmp

Redx wrote: »

there you go, a few alterations made etc

you seem obsessed by the word "fine", this is a civil matter and so no "fine" will ever exist or come about


so as Umkomaas says, give the correct postal address for service of papers

Thank you Both, some great helpful information. Reg keeper is submitting the appeal now.

On the appeal form it asks if you are one of the following:

Driver of the Vehicle
Keeper of the vehicle
Driver and Keeper of the vehicle
None of the above.

First thoughts are to opt for 'None of the above' to avoid any issues with admission. Sound ok? These folk seem very slippery so being extra cautious!

Thanks for your help.

Redx

its a keeper appeal, from a keeper

nmp

Redx wrote: »

its a keeper appeal, from a keeper

Got it, Will submit as keeper. Thank you once again. :beer:

nmp

Hi all,

Over a year after my letter to the parking company regarding the fact that the registered keeper is permanently resident oversea's, the company issued a 'Notice of intended prosecution' addressed to the oversea's address.

Would anyone be able to help with whether they have any legal grounds to proceed with this, or is this just scare tactics.

Any comments or suggestions on how best to proceed?


Many Thanks

Umkomaas

Notice of intended prosecution' addressed to the oversea's address.

Who exactly sent that? Does it suggest who you pay if you wish to pay the charge?

Whoever it is - they must be joking, or they do not understand how this works. Abroad, you are out of jurisdiction and the PPC has no prospect of pursuing you there through any type of court.

Where 'abroad' are you?

EDIT TO ADD

Just gone back over the thread and spotted it's Spain. !!!!!! - what planet are these jokers on?

nmp

Umkomaas wrote: »

Who exactly sent that? Does it suggest who you pay if you wish to pay the charge?

Whoever it is - they must be joking, or they do not understand how this works. Abroad, you are out of jurisdiction and the PPC has no prospect of pursuing you there through any type of court.

Where 'abroad' are you?

EDIT TO ADD

Just gone back over the thread and spotted it's Spain. !!!!!! - what planet are these jokers on?

Hi Umkomaas, thanks for the reply. The sender of the letter was 'Debt Recovery Plus Ltd'. The letter shows their address as UK.

Also, as you mention, reg keeper is in Spain.

Am I safe to assume that there is no legal action they can take against registered keeper in spain? Nothing has changed legally in the past year that may give them an opportunity to seek some legal action?

Should we just continue to ignore the letters for the next 5 years?

Many thanks for all your help.