OPS PCN - Refused transfer of liability (drivers address outside UK)

thisisaPPCsworld

Hello,

I have read through the NEWBIES sticky and have spent an hour or so searching for threads pertaining to this particular issue, and while there were a couple, they were last active years ago. I hope it's OK to start a thread for this.

Received PCN in the post from One Parking Solution (ANPR only). Family member was driving at the time (I, the RK, was not present - 200 miles away). Family member lives in the US, and is visiting. I filled out and returned the included form for Transfer of Liability. I also included a redacted copy of the driver's US driving license, which includes the full name and address of the driver.

A few days later I received a letter from OPS saying they are 'unable to verify' an address outside of the UK, and as such 'under the PoFA Act 2012' they are unable to transfer liability.

My understanding is that they cannot, legally, demand an address in the UK, as the relevant paragraph of the PoFA act does not stipulate that it must be.

What would be the best next step? The driver is aware of the PCN. They have their own rebuttal based on their own evidence and evidence they have found online relating to the management of this particular car park, but they will not be able to undertake this process from the address of the RK as they do not reside there.

The address given is a typical US residential address, served daily by USPS.

Do I simply return a letter (first class, not signed or recorded, proof of posting etc) pointing out the actual and applicable wording of the PoFA? Am I within my rights, and is it appropriate, to state that any further demands made to the RK of the vehicle will be considered harassment?

Thank you for your time!

B789

Is the NtK definitely PoFA compliant? What was the date of the parking event and the date on the NtK?

Your family member could write to OPS and confirm they were the driver and that it is up to the PPC if they wish to pursue the matter further.

It could be fun playing mind games with the intellectually malnourished ex-clampers.

Coupon-mad

Send a complaint to:

[email protected]

and ask the BPA's Gemma Dorans to step in because an AOS member cannot pursue the keeper once the driver's name & address is known.  This is a breach of the BPA Code which makes this point clear.

1505grandad

21.15 If the keeper replies to your Notice to Keeper within 28

days and gives enough details about the driver, you must

then pursue the driver for the unpaid parking charge.

22.11 It is the driver’s responsibility to pay the parking charge

notice. If you receive information from the keeper which

identifies the driver, and the driver is someone else,

you must serve the parking charge notice by post on

the driver

thisisaPPCsworld

B789 said:

Is the NtK definitely PoFA compliant? What was the date of the parking event and the date on the NtK?

Your family member could write to OPS and confirm they were the driver and that it is up to the PPC if they wish to pursue the matter further.

It could be fun playing mind games with the intellectually malnourished ex-clampers.

Thanks - I believe it is, at least, the date of generation / arrival is only about a week after the alleged breach of contract.

Coupon-mad said:

Send a complaint to:

[email protected]

and ask the BPA's Gemma Dorans to step in because an AOS member cannot pursue the keeper once the driver's name & address is known.  This is a breach of the BPA Code which makes this point clear.

Thank you - I will try responding with the exact wording from PoFA Schedule 4 regarding current address for service + the excerpt from 1505grandad below.

1505grandad said:

21.15 If the keeper replies to your Notice to Keeper within 28

days and gives enough details about the driver, you must

then pursue the driver for the unpaid parking charge.

22.11 It is the driver’s responsibility to pay the parking charge

notice. If you receive information from the keeper which

identifies the driver, and the driver is someone else,

you must serve the parking charge notice by post on

the driver

Thank you - is this from the BPA code?

Coupon-mad

Yes it is. 

So you aren't doing what I advised?

thisisaPPCsworld

Coupon-mad said:

Yes it is. 

So you aren't doing what I advised?

Thanks for confirming.

Sorry! I do not mean to be that person who asks for help and then doesn't follow advice.

I missed out an important part of my reply, which is that I intend to reply to OPS first, and if they still maintain their position, I would use those details you provided to make a complaint to BPA.

My thoughts were that if OPS came back again, my following complaint to BPA would have more impact. I would be fully justified in accusing OPS of harassment, and I would have two examples of them willfully ignoring the letter of the law as in PoFA, and the code of conduct as per BPA.

However, I will go straight to emailing a formal complaint to BPA today if you think there is nothing to be gained by reiterating to OPS.

Cheers

Coupon-mad

Ah, no that's fine.  

I wanted to be sure you will do the BPA complaint!  Your approach is good.

thisisaPPCsworld

Coupon-mad said:

Ah, no that's fine.  

I wanted to be sure you will do the BPA complaint!  Your approach is good.

No worries! Thanks for your help.

Whatever happens, I will update here.

Coupon-mad

Which site is it about? Vantage Point Brighton?

Do not post a letter. Use email.

thisisaPPCsworld

Coupon-mad said:

Which site is it about? Vantage Point Brighton?

Do not post a letter. Use email.

The site in question is Llangrannog, Wales.

I can't see an email address on any of their correspondence, and on their website the only options are to transfer liability or appeal a charge. Would either of these serve the correct purpose?