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

Johnersh

Impossibleparker said:

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. 

Well they can avail themselves of that approach (at least until December) and if they fail to do so, that's on them.

The only step I'd take is to ensure that if called upon to do so, you could prove you were elsewhere/not driving. That will be harder if you were at the gym together.... 

Impossibleparker

Johnersh said:

Impossibleparker said:

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. 

Well they can avail themselves of that approach (at least until December) and if they fail to do so, that's on them.

The only step I'd take is to ensure that if called upon to do so, you could prove you were elsewhere/not driving. That will be harder if you were at the gym together.... 

By whom would I be called upon? A court outside UK? 

zhonguonuren

Impossibleparker said:

That might sound like a silly question but when acknowledging that they were the driver should they write in English? I mean CPM did not bother to write in the language of the driver so why should the driver bother to write in the language of CPM? 
Should this letter be sent via post or email? Not sure if there is proof of posting in the country of the driver (there should be but I am not sure).

Oooh is it Mandarin ?  I’d be very tempted to have some fun with it ! 

Johnersh

Impossibleparker said:

Johnersh said:

Impossibleparker said:

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. 

Well they can avail themselves of that approach (at least until December) and if they fail to do so, that's on them.

The only step I'd take is to ensure that if called upon to do so, you could prove you were elsewhere/not driving. That will be harder if you were at the gym together.... 

By whom would I be called upon? A court outside UK? 

No. The point is the PPC have the actual drivers details. They can pursue that person internationally if they wish to. There are procedures so that they can. They almost certainly won't bother as translating documents can get expensive. 

That should now conclude matters with you entirely and without the need for English proceedings involving you.

I'd write to the PPC telling them that you have discharged your obligation and then cease all correspondence. Don't feed the troll. 

Scrapit

Is it not now the Ppc's problem? They now have to deal with a foreign person in a foreign land speaking another language. If they want their money they will have to work especially hard for it.

Umkomaas

Johnersh said:

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.

That is unlikely to stop them. Many PPCs run a paragraph in the NtK that should a nominated driver not respond (or address is defective) they reserve the right to return liability to the keeper. Whether that is lawful or not, I don't know, but it will likely be a sufficient basis (in their minds, like most of the crap legal arguments they propound in their court claims) to re-target the keeper. 

The law is a mere distraction in their thirst for blood. 

Impossibleparker

zhonguonuren said:

Impossibleparker said:

That might sound like a silly question but when acknowledging that they were the driver should they write in English? I mean CPM did not bother to write in the language of the driver so why should the driver bother to write in the language of CPM? 
Should this letter be sent via post or email? Not sure if there is proof of posting in the country of the driver (there should be but I am not sure).

Oooh is it Mandarin ?  I’d be very tempted to have some fun with it ! 

Sorry to spoil the fun but it is a European language.

Impossibleparker

Johnersh said:

Impossibleparker said:

Johnersh said:

Impossibleparker said:

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. 

Well they can avail themselves of that approach (at least until December) and if they fail to do so, that's on them.

The only step I'd take is to ensure that if called upon to do so, you could prove you were elsewhere/not driving. That will be harder if you were at the gym together.... 

By whom would I be called upon? A court outside UK? 

No. The point is the PPC have the actual drivers details. They can pursue that person internationally if they wish to. There are procedures so that they can. They almost certainly won't bother as translating documents can get expensive. 

That should now conclude matters with you entirely and without the need for English proceedings involving you.

I'd write to the PPC telling them that you have discharged your obligation and then cease all correspondence. Don't feed the troll. 

When writing to them informing them that I transfer liability to the driver I also told them to not contact me again as they have no claim against the keeper.
If this will keep them away from me remains to be seen. 

Impossibleparker

Umkomaas said:

Johnersh said:

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.

That is unlikely to stop them. Many PPCs run a paragraph in the NtK that should a nominated driver not respond (or address is defective) they reserve the right to return liability to the keeper. Whether that is lawful or not, I don't know, but it will likely be a sufficient basis (in their minds, like most of the crap legal arguments they propound in their court claims) to re-target the keeper. 

The law is a mere distraction in their thirst for blood. 

The driver will respond and acknowledge that he was driving together with some proof of address. This will be sent via post in form of a letter from outside UK. 
They can then deal with this internationally and ramp up translation costs.

Coupon-mad

That's good. 

He needs to keep proof of posting that at a Post Office and email you a copy of that receipt and the letter, so that if UKCPM try to contact you again then you can show that you know for a fact, that the driver is known to UKCPM.