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Timescales etc.

2

Comments

  • DE_612183
    DE_612183 Posts: 4,058 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    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?
    yes absolutely - the car is new ( year old ) no changes at all since then
  • B789
    B789 Posts: 3,441 Forumite
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    @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.
  • DE_612183
    DE_612183 Posts: 4,058 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 13 April 2023 at 3:28PM
    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.
    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.

    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?



  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 13 April 2023 at 3:39PM
    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?
    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.
    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.
  • DE_612183
    DE_612183 Posts: 4,058 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 13 April 2023 at 3:40PM
    KeithP said:
    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?
    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.
    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.
    Thanks Keith - so If even I have my V5 logbook up-to-date:

     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? ).
  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 13 April 2023 at 4:36PM
    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?
    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.

    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.
  • Umkomaas
    Umkomaas Posts: 43,822 Forumite
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    DE_612183 said:
    KeithP said:
    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?
    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.
    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.
    Thanks Keith - so If even I have my V5 logbook up-to-date:

     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? ).
    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. 

    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 Street
  • DE_612183
    DE_612183 Posts: 4,058 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    B789 said:
    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?
    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.

    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.
    Ok, thanks thats a bit clearer - is there anyway DVLA will tell me if they have disclosed my RK details to anyone?
  • DE_612183
    DE_612183 Posts: 4,058 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Umkomaas said:
    DE_612183 said:
    KeithP said:
    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?
    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.
    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.
    Thanks Keith - so If even I have my V5 logbook up-to-date:

     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? ).
    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. 

    But, I think you're looking for ghosts that really don't exist.
    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!
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