King Street Car Park, Wigan - HX car park management - overstay vs grace period

Coupon-mad

What makes you think YOU can name the driver? That's not what I said. This does not come from YOU - read the POFA, the KEEPER names the driver, name & address.

Stop delaying it, or he will get a claim soon.

You want to be the person handling it don't you, so he names you (+ address).

Stop thinking about paying the scam.

luizarios4

The keeper sent a signed letter to HX management naming the driver, we also emailed Gladstone, to let them know the driver had been name to HX (we were still on the pre-action stage and we replied within the 30 days timeframe they gave us to reply). That was over 1 month ago and never heard back from HX. Today we got an email from Gladstone saying they've taken over matter so I have to name the driver to them (Gladstone), that's fine however here's a small complication:

we are going abroad to South America, it could be a few months, could be an year or could be permanent, right now we only have one-way tickets for both the keeper and the driver. I'm guessing in my next letter I'll name the driver and add the south American address for both of us? As South American post is highly unpredictable and loses everything, can I ask them to use 'signed for' on any letter they wish to send? Should I attach the one way tickets as proof? I'm guessing they can't serve court papers while we're abroad is that correct? Therefore they can't start any proceedings while we're abroad?

as we don't know lenght of stay, we'll be leaving mortgage house and all accounts open in England, in case we decide to return, but the car the PCN was related to has been sold. can they refuse to change the address based on this?

thanks

Le_Kirk

You write to the PPC (probably best to write to the DPO as well) informing them that as of DD/MM/YY your address for service is xxxxxx and they must ERASE your old data.

luizarios4

and how would it work if they wish to take things to small claim court while I'm abroad, can they have a small claim court and force me to come home for it or do they have to serve me while abroad? thanks

Le_Kirk

The point of giving them and address overseas is to make it difficult/impossible for them to start a claim as it would have to be held in your local court!

Redx

No they cannot force you to come back to the UK , it's a civil matter only , a private dispute over money

The vehicle being sold is irrelevant

The change of address to a foreign one should make them put this on the too difficult pile , but ensure your mail is opened here in the UK to avoid issues arising

Just use the GDPR , the driver gives the address in Buenos Aires or wherever , then both of you can forget about it , but keep any letters that may arrive , getting on with your new lives in a new country

The_Deep

Serving a writ abroad is incredibly expensive, it involves the Foreign Office, real solicitors and often a consular officer o. abroad. I was British Consul in Houston and had to serve a writ in Alberqueque, a two hour flight away. It cost the claimant over £2000 for my time alone.

some reading

https://www.nursingtimes.net/roles/nurse-managers/how-the-equality-act-affects-you-14-01-2011/

http://www.dealbreastfeedingsupportgroup.co.uk/equality.html

nosferatu1001

OP - did you give the name AND serviceable address back in October? yes or NO

Because you then state you uwould again "name the driver" - I dont know why you need to do that?

As for telling Gladstones - nope, no need. Youve told their principal, which is all POFA2012 caresa about. You can tell Gladstones to FRO if you want.

Coupon-mad

Dunno, surely better to name the driver now, giving the South American address for service for both of you and they can then go swivel.

I'm guessing in my next letter I'll name the driver and add the south American address for both of us? As South American post is highly unpredictable and loses everything, can I ask them to use 'signed for' on any letter they wish to send? Should I attach the one way tickets as proof?

Yes - I would indeed send that and proof so there can be no rubbishy accusations that the address is too convenient/untrue.

But if you are not actually flying out till, say, 6th January, then reply as late as possible to Gladstones. How long does the letter give you to reply and is the flight to South America imminent? Time it well, to avoid them filing a quick claim!

Oh, and for their purposes, tell them that this is now your permanent domicile.