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Private PCN driver lives abroad
Comments
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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.
Can you elaborate on the part in bold please? I'm not sure what the implications are of this in this case.0 -
Rider_on_a_Storm wrote: »Can you elaborate on the part in bold please? I'm not sure what the implications are of this in this case.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Rider_on_a_Storm wrote: »Can you elaborate on the part in bold please? I'm not sure what the implications are of this in this case.
Implications on your case. None whatsoever.
The ppc will be really, really unhappy at a foreign driver being named but that's their problem, not yours.
Like I said expect lots of mail telling them who the driver was to get "lost in the post" and emails mysteriously not arriving.0 -
The Deep, things have moved on, especially in Europe
Please see KeithP's post earlier in this thread for link to European Small Claims Procedure as MSE will not allow me to repost it here.
...Hmmm, what does this mean in terms of the original post? Would the driver be vulnerable to small claims procedure within an EU country or the equivalent of a CCJ?0 -
Rider_on_a_Storm wrote: »Please see KeithP's post earlier in this thread for link to European Small Claims Procedure as MSE will not allow me to repost it here.
...Hmmm, what does this mean in terms of the original post? Would the driver be vulnerable to small claims procedure within an EU country or the equivalent of a CCJ?Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Rider_on_a_Storm wrote: »Please see KeithP's post earlier in this thread for link to European Small Claims Procedure as MSE will not allow me to repost it here.
...Hmmm, what does this mean in terms of the original post? Would the driver be vulnerable to small claims procedure within an EU country or the equivalent of a CCJ?
It could happen. So could a zombie apocalypse. The odds are probably about the same.
Have you prepared for a zombie apocalypse? If not why not?0 -
It could happen. So could a zombie apocalypse. The odds are probably about the same.
Have you prepared for a zombie apocalypse? If not why not?
And there's always the increasing likelihood of the sky falling in. How much longer can it stay up there after all these billions of years.
Don't know how anyone sleeps at night.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
And there's always the increasing likelihood of the sky falling in. How much longer can it stay up there after all these billions of years.
Don't know how anyone sleeps at night.
I've heard rumours it might happen. There seems to be some sort of flat earth movement that believes it.
They seem to be spread all over the globe.0
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