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Timescales etc.
Comments
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yes absolutely - the car is new ( year old ) no changes at all since thenCoupon-mad said:Yep 'KADOE' (the DVLA method of selling our data for pennies to scammers) stands for:
Keeper At Date of Event.
Are you certain your logbook was updated or haven't you moved since buying the car?1 -
@DE_612183, please answer the question above by @Coupon-mad. You are using some wrong assumptions and you could be setting yourself up for some grief. Please read the Newbies/FAQ thread near the top of this forum to get an understanding of this whole process.
In law, the Registered Keeper (RK) and the Driver are two separate entities. A PPC that has issued a PCN or has what they believe is evidence of a breach of one of their terms that the "driver" had agreed to, can, if they have the RKs details, start a county court claim to try and recover the alleged debt up to 6 years after the terms of their contract were breached.
So, if you have moved at any time since you started parking at this location, did you update your V5C with a new address? We know that most people update their driving licence but you'd be surprised at how many don't update their V5C and that is the information that the PPCs use to send their PCNs to.2 -
Hi b789 - I did answer the question - not sure where you thought I didn't - I have not had to update the V5 - it's a new car and I haven't moved since I had the car - it hasn't been registered at any other address nor have I.B789 said:@DE_612183, please answer the question above by @Coupon-mad. You are using some wrong assumptions and you could be setting yourself up for some grief. Please read the Newbies/FAQ thread near the top of this forum to get an understanding of this whole process.
In law, the Registered Keeper (RK) and the Driver are two separate entities. A PPC that has issued a PCN or has what they believe is evidence of a breach of one of their terms that the "driver" had agreed to, can, if they have the RKs details, start a county court claim to try and recover the alleged debt up to 6 years after the terms of their contract were breached.
So, if you have moved at any time since you started parking at this location, did you update your V5C with a new address? We know that most people update their driving licence but you'd be surprised at how many don't update their V5C and that is the information that the PPCs use to send their PCNs to.
What I was asking for clarification on was the "issue" of the PCN - this can be done two ways:
1. A ticket on a windscreen
2. A "letter" at some point after the event.
Are you saying that the PPC can issue a PCN Letter to the RK 6 years after the event without any other correspondence in-between?
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I will say that a PPC can issue a PCN whenever they like, but whether they are able to enforce their 'claim' is a different matter.DE_612183 said:Are you saying that the PPC can issue a PCN Letter to the RK 6 years after the event without any other correspondence in-between?
You mention '6 years'. That's just one limiting factor. But even that may not stop them issuing after six years in the hope that the recipient knows nothing about The Limitation Act.
It's all about intimidation.2 -
Thanks Keith - so If even I have my V5 logbook up-to-date:KeithP said:
I will say that a PPC can issue a PCN whenever they like, but whether they are able to enforce their 'claim' is a different matter.DE_612183 said:Are you saying that the PPC can issue a PCN Letter to the RK 6 years after the event without any other correspondence in-between?
You mention '6 years'. That's just one limiting factor. But even that may not stop them issuing after six years in the hope that the recipient knows nothing about The Limitation Act.
in 6 years time, if I have moved they can still send a PCN to the address that the V5 was correct for the vehicle at the time of the event ( assuming I have now disposed of said vehicle ) and they can get a CCJ against me ( unless I have a permanent re-direction on my mail? ).0 -
No. What a PPC can do, whether you received the PCN or not, for whatever reason, is issue a claim against you within 6 years of the parking event. If they didn't bother sending out a PCN or it was lost in the post or was sent to an old address that hadn't been updated on a V5C, is irrelevant... until you either receive a claim or find out you have received a CCJ by default.DE_612183 said:
Are you saying that the PPC can issue a PCN Letter to the RK 6 years after the event without any other correspondence in-between?
So, if they have obtained the RK details within 7 months of the parking event or later by some other method, they can start a court claim within 6 years. Whether you received the PCN in that time or not does not alter the fact that they can start a claim.
What others have pointed out above, is that the PPC can acquire the RK details from the DVLA up to 7 months after the parking event.
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After 6 months, the DVLA will not provide them with the keeper's details under the KADOE contract. If they acquire the keeper's address by other means (usually direct from the keeper who decides to be the 'big I am' and challenges them in writing after finding a windscreen ticket on their car, spilling their address in the process), then potentially they can chase until the cows come home. Legal proceedings subject to the 6-year Limitation Act restrictions.DE_612183 said:
Thanks Keith - so If even I have my V5 logbook up-to-date:KeithP said:
I will say that a PPC can issue a PCN whenever they like, but whether they are able to enforce their 'claim' is a different matter.DE_612183 said:Are you saying that the PPC can issue a PCN Letter to the RK 6 years after the event without any other correspondence in-between?
You mention '6 years'. That's just one limiting factor. But even that may not stop them issuing after six years in the hope that the recipient knows nothing about The Limitation Act.
in 6 years time, if I have moved they can still send a PCN to the address that the V5 was correct for the vehicle at the time of the event ( assuming I have now disposed of said vehicle ) and they can get a CCJ against me ( unless I have a permanent re-direction on my mail? ).But, I think you're looking for ghosts that really don't exist.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 Street2 -
Ok, thanks thats a bit clearer - is there anyway DVLA will tell me if they have disclosed my RK details to anyone?B789 said:
No. What a PPC can do, whether you received the PCN or not, for whatever reason, is issue a claim against you within 6 years of the parking event. If they didn't bother sending out a PCN or it was lost in the post or was sent to an old address that hadn't been updated on a V5C, is irrelevant... until you either receive a claim or find out you have received a CCJ by default.DE_612183 said:
Are you saying that the PPC can issue a PCN Letter to the RK 6 years after the event without any other correspondence in-between?
So, if they have obtained the RK details within 7 months of the parking event or later by some other method, they can start a court claim within 6 years. Whether you received the PCN in that time or not does not alter the fact that they can start a claim.
What others have pointed out above, is that the PPC can acquire the RK details up to 7 months after the parking event.0 -
Thanks @Umkomaas - You are probably right about the ghosts - I just want to make sure all my ducks are in a row - I know how tricky these guys are!Umkomaas said:After 6 months, the DVLA will not provide them with the keeper's details under the KADOE contract. If they acquire the keeper's address by other means (usually direct from the keeper who decides to be the 'big I am' and challenges them in writing after finding a windscreen ticket on their car, spilling their address in the process), then potentially they can chase until the cows come home. Legal proceedings subject to the 6-year Limitation Act restrictions.DE_612183 said:
Thanks Keith - so If even I have my V5 logbook up-to-date:KeithP said:
I will say that a PPC can issue a PCN whenever they like, but whether they are able to enforce their 'claim' is a different matter.DE_612183 said:Are you saying that the PPC can issue a PCN Letter to the RK 6 years after the event without any other correspondence in-between?
You mention '6 years'. That's just one limiting factor. But even that may not stop them issuing after six years in the hope that the recipient knows nothing about The Limitation Act.
in 6 years time, if I have moved they can still send a PCN to the address that the V5 was correct for the vehicle at the time of the event ( assuming I have now disposed of said vehicle ) and they can get a CCJ against me ( unless I have a permanent re-direction on my mail? ).But, I think you're looking for ghosts that really don't exist.0 -
Absolutely. This is a standard piece I provide for such instances ....DE_612183 said:
Ok, thanks thats a bit clearer - is there anyway DVLA will tell me if they have disclosed my RK details to anyone?B789 said:
No. What a PPC can do, whether you received the PCN or not, for whatever reason, is issue a claim against you within 6 years of the parking event. If they didn't bother sending out a PCN or it was lost in the post or was sent to an old address that hadn't been updated on a V5C, is irrelevant... until you either receive a claim or find out you have received a CCJ by default.DE_612183 said:
Are you saying that the PPC can issue a PCN Letter to the RK 6 years after the event without any other correspondence in-between?
So, if they have obtained the RK details within 7 months of the parking event or later by some other method, they can start a court claim within 6 years. Whether you received the PCN in that time or not does not alter the fact that they can start a claim.
What others have pointed out above, is that the PPC can acquire the RK details up to 7 months after the parking event.You should email the DVLA and ask which organisations (when and for what reason) accessed the registered keeper's data from them between a range of dates which includes the date(s) of the parking incident(s). You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident.SubjectAccess.Requests@dvla.gov.ukThis service is free of charge.Even though you email your request, the DVLA will respond via Royal Mail.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 Street5
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