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CPM ignoring transfer of liability abroad completely (no rejection letter, nothing)

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  • Le_Kirk said:
    KeithP said:
    The driver should acknowledge that they were the driver on the day in question, otherwise CPM will revert back to chasing the keeper.
    Good idea Keith, maybe OP, you could script something in English for the driver to send IN HIS/HER name to CPM from his/her e-mail address or if by post his/her postal address.
    Ok, I will do this. Thanks for all your swift help. I assume a very brief letter is suffice.
  • Le_Kirk
    Le_Kirk Posts: 24,566 Forumite
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    So long as it conveys the message that @KeithP suggested.
  • Is it advisable to do a SAR or shall I leave it?
  • Le_Kirk
    Le_Kirk Posts: 24,566 Forumite
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    If you submit a SAR, you are asking about data relating to you.  You cannot submit a SAR in the driver's name, he/she would have to do that and prove who they are.  Surely anyway, you know why the PCN was issued.
  • Umkomaas
    Umkomaas Posts: 43,369 Forumite
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    I would get him to attach some proof that he resides at the overseas address, like a redacted utility bill, which will leave UKCPM in no doubt that he genuinely does not live in the UK. 

    Then you're out of the loop - and UKCPM can go whistle. 
    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 Street
  • Johnersh
    Johnersh Posts: 1,545 Forumite
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    So long as the op can prove he was not driving (elsewhere etc) I'd not over complicate this. Indeed the ppc seems to have accepted that in making additional enquiries. 

    The duty of the keeper is discharged under pofa when a name and correct address are provided. The PPC don't get to come back to the keeper if the details are provided done in good faith and the driver doesn't cough.

    The PPCs option is then to serve proceedings abroad assuming it is a Hague Convention country or institute a claim under the EU small claims procedure (if applicable). 
  • Umkomaas said:
    I would get him to attach some proof that he resides at the overseas address, like a redacted utility bill, which will leave UKCPM in no doubt that he genuinely does not live in the UK. 

    Then you're out of the loop - and UKCPM can go whistle. 
    Is it enough if he letter is coming from abroad? The envelope might get thrown away with the foreign stamp on it.
  • Half_way said:
    You have sent the parking company an address for service, that should be the end of it.
     Other than a confirmation of this you should not receive any further communication about this matter from the PPC.

    another question - do you know whos car park this was?
    It was the car park of a gym. 
  • Johnersh said:
    So long as the op can prove he was not driving (elsewhere etc) I'd not over complicate this. Indeed the ppc seems to have accepted that in making additional enquiries. 

    The duty of the keeper is discharged under pofa when a name and correct address are provided. The PPC don't get to come back to the keeper if the details are provided done in good faith and the driver doesn't cough.

    The PPCs option is then to serve proceedings abroad assuming it is a Hague Convention country or institute a claim under the EU small claims procedure (if applicable). 
    The driver resides in a EU member state. 
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