Private PCN driver lives abroad

BrownTrout

Fruitcake wrote: »

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.

That is wrong, the driver is under no obligation to respond to the PPC at all (although saying that it will do no harm at all for them to do so)

BrownTrout

Also depending on the PPC i would do it online rather then posting (assuming the PPC allows that)

Rider_on_a_Storm

Umkomaas wrote: »

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.

One Parking Solution

Coupon-mad

Get the KEEPER to contact OPS and name the driver, not the driver themselves as they are just an unknown third party as far as OPS are concerned, UNLESS the keeper names that person as driver and gives the address abroad.

OPS are a pain and they might write to the keeper again. Laugh at them and report them to the ICO if they do after transferring liability.

Half_way

Do you know who's car park this was?

Fruitcake

BrownTrout wrote: »

That is wrong, the driver is under no obligation to respond to the PPC at all (although saying that it will do no harm at all for them to do so)

I disagree. The problem is the wording of the PoFA. If the identity of the driver is not known then the keeper can still be held liable. If the driver does not respond, or denies being the driver then the PPC can legitimately tell a judge that the driver's identity is not known.

Just giving the driver's name and overseas address does not meet the requirements of the PoFA in that it is a speculative identification, not definitive or proven.
In years to come when hopefully the excesses of the parking scammers has been curtailed, I suspect we will see a rise in historical cases using pre-parking bill legislation. I also suspect we will see more scamlicitors vacuuming up old cases.

What we don't want is someone getting a court claim or worse still a CCJ because an overseas driver was not known as defined by the PoFA.

Rider_on_a_Storm

Half_way wrote: »

Do you know who's car park this was?

Yes, I was intending to write to complain to them. The individual I spoke with over the phone the was not particularly receptive to requesting the company cancel the charge, but said they would consider my written complaint.

Half_way

You med to do this:
Warn the driver that they will be chased, ads as they live abroad, assuming they have no intention of returning to settle in the UK, they should ignore the letters, but not throw then away.

Inform the parking company of the address of the driver.

If the parking company continues to harass you, tell them in no uncertain terms that you have provided the drivers serviceable address, and they must now remove your data from their systems, and only contact you again to confirm this.
If they continue complain to the landowner starting their agents have put them in breech of the GDPR (regulations)

KeithP

The_Deep wrote: »

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.

The Deep, things have moved on, especially in Europe.

European Small Claims procedure

BrownTrout

Fruitcake wrote: »

I disagree. The problem is the wording of the PoFA. If the identity of the driver is not known then the keeper can still be held liable. If the driver does not respond, or denies being the driver then the PPC can legitimately tell a judge that the driver's identity is not known.

Just giving the driver's name and overseas address does not meet the requirements of the PoFA in that it is a speculative identification, not definitive or proven.
In years to come when hopefully the excesses of the parking scammers has been curtailed, I suspect we will see a rise in historical cases using pre-parking bill legislation. I also suspect we will see more scamlicitors vacuuming up old cases.

What we don't want is someone getting a court claim or worse still a CCJ because an overseas driver was not known as defined by the PoFA.

If the driver denies being the driver that is a completely different matter. However the fact the parking company doesnt get a response from the driver does not change the fact they have the drivers details. Most parking companies are highly automated so it would just go from stage to stage