Private PCN driver lives abroad

Rider_on_a_Storm

Hi all,

Firstly, a big thank you to all those who have contributed so much to creating this resource to combat disgraceful and predatory practice.

As the Registered Keeper I have received a PCN from a private company. I have read the newbie thread and researched various threads, but not found quite what I’m looking for.

I would be grateful of some advice. My dilemma is this the NTK has come to me, but the driver was someone who lives overseas and who does not speak English as a first language, in fact relatively little, so that when we talk I speak their language.

I think the PCN is completely unjust given the circumstances and am almost of a mind to appeal it on principle and because I do not want the company sending demands to this person in their country for a PCN which I believe to be unfair. On the other hand I would like to end the matter and wish to waste as little time and energy on it as possible. A penny for your thoughts please.

Many thanks

waamo

Give the ppc the name and (foreign) address of the driver. Make it clear that you are naming the driver.

Tell the driver to ignore any demands for payment. The ppc really won't be happy though.

nosferatu1001

This must be the FULL name and address. Failing to do so means you are still potentially responsible.

Expect the PPC to lie / bluster and claim you are somehow still liable / the address has to be a UK one / etc. But laugh at them - it doesnt have to be.

Fruitcake

Once you have given the driver's full name and overseas address, the driver will need to respond to the scammers when contacted confirming that they were the driver.

You could write what you need the driver to say and send it to that person who could then print and sign it and return it to the scammers from their own country.

The wording of the PoFA is such that the driver's identity needs to be "known". If an overseas driver does not confirm this because they have ignored or denied it, then the scammers could legitimately say that the driver's identity is not a known fact and continue to pursue the keeper, otherwise anyone could give a random overseas name and address for a PCN.

Rider_on_a_Storm

Thanks Fruitcake. Would what they send be using something similar to the template in the newbies section denying liability or contractual agreement? Having visited the parking site I can see why the charge is unfair (inadequate signage etc). I think the person may be willing to send something from abroad, but what if the PPC specifies to appeal via email? The person can still choose to reply by post from their country right?

Also, I know this person has moved a number of times in the past couple of years related to work and is planning to move again later this year (not sure when yet), so it may be a for them to pain to receive these notices and confirm.

The_Deep

It is eye wateringly expensive to serve a small claim on someone who lives abroad. It may have to involve A Commissioner of Oaths, the FCO, and HM Consul, when I did a straight forward one in the same city in the USA my bill was several hundred pounds.

waamo

Rider_on_a_Storm wrote: »

Thanks Fruitcake. Would what they send be using something similar to the template in the newbies section denying liability or contractual agreement? Having visited the parking site I can see why the charge is unfair (inadequate signage etc). I think the person may be willing to send something from abroad, but what if the PPC specifies to appeal via email? The person can still choose to reply by post from their country right?

Also, I know this person has moved a number of times in the past couple of years related to work and is planning to move again later this year (not sure when yet), so it may be a for them to pain to receive these notices and confirm.

This is one of the few occasions I wouldn't use the template. Keep it simple. Write to them and simply say the driver on this occasion was Mr X of and their full address.

Please direct all future correspondence to Mr X.

You may have to send it a couple of times as mail seems to go missing when sending correspondence to a ppc. If you can email it as well do that. I like a belt and braces approach.

Fruitcake

Rider_on_a_Storm wrote: »

Thanks Fruitcake. Would what they send be using something similar to the template in the newbies section denying liability or contractual agreement? Having visited the parking site I can see why the charge is unfair (inadequate signage etc). I think the person may be willing to send something from abroad, but what if the PPC specifies to appeal via email? The person can still choose to reply by post from their country right?

Also, I know this person has moved a number of times in the past couple of years related to work and is planning to move again later this year (not sure when yet), so it may be a for them to pain to receive these notices and confirm.

Similar, yes, but admitting they were the driver.
It might therefore be easier just to say something like,'

Ref PCN number NNNNN, I confirm I was the driver of vehicle reg XXX NN YYY on date DDMMYY.

Full name
Full (overseas) address for service.

Nothing more, nothing less. There is no need for them to admit or deny anything. Then they post it using any non-signed for service that will provide them with a proof of posting. Ideally get them to send you a separate posted copy as well.

Rider_on_a_Storm

Many thanks to you all, that is very helpful.

Umkomaas

Which parking company are you dealing with. Some are pretty benign and we might be able to allay any worries/predict how they might react.

Rider_on_a_Storm

Thanks, It's One Parking Solution.