Liability reverted back to me after I named driver

Worzel_

I received a PCN as keeper and named the driver immediately after receiving the first letter.

The driver I named is foreign with a foreign address.

Becaue he has not responded they have sent me a letter saying they have reverted liability back to me as registered keeper.

Any advice please on how best to proceed?

Car1980

Email them this:

Dear UKPC

There is no mechanism in law for you to revert liability back to the Keeper should the driver not reply or pay.

The POFA 2012 states:

Current address for service” means—

"b) in the case of the driver, an address at which the driver for the time being resides or can conveniently be contacted;

You have been provided with a genuine address the driver for the time being resides and liability has been successfully transferred and cannot be legally be transferred back. 

I point out that it would be an offence under the 2006 Fraud Act to claim otherwise:

2Fraud by false representation

(1)A person is in breach of this section if he—

(a)dishonestly makes a false representation, and

(b)intends, by making the representation—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.

(2)A representation is false if—

(a)it is untrue or misleading, and

(b)the person making it knows that it is, or might be, untrue or misleading.

Therefore do not contact me again and I wish you luck in recovering your charge from the driver.

ChirpyChicken

This is also one reason why I suggest instead of a liability transfer the driver just does an appeal and gives their details.  Two birds on stone
If the pcn can still be appealed then do this 

Car1980

True. Another tactic is to ignore until the Letter of Claim and then transfer liability. It's like landing on a snake for the parking company as they go all the way back to the start. Or if they don't, you have a three or four line rock solid court defence.

It seems to mess with their systems and timelines and they drop the case, or send a Notice to Driver and then lose interest.

Worzel_

Car1980 said:

True. Another tactic is to ignore until the Letter of Claim and then transfer liability. It's like landing on a snake for the parking company as they go all the way back to the start. Or if they don't, you have a three or four line rock solid court defence.

It seems to mess with their systems and timelines and they drop the case, or send a Notice to Driver and then lose interest.

I thought you have a limited timeframe from the initial contact to transfer liability?

ChirpyChicken

Worzel_ said:

Car1980 said:

True. Another tactic is to ignore until the Letter of Claim and then transfer liability. It's like landing on a snake for the parking company as they go all the way back to the start. Or if they don't, you have a three or four line rock solid court defence.

It seems to mess with their systems and timelines and they drop the case, or send a Notice to Driver and then lose interest.

I thought you have a limited timeframe from the initial contact to transfer liability?

No
Is the appeal portal still open to you

Car1980

Worzel_ said:

I thought you have a limited timeframe from the initial contact to transfer liability?

Any time up until the commencement of legal proceedings.

The 28 days period is for them, not you. Before that they can only invite the Keeper to pay, but they have no liability to do so. After that they can claim the Keeper is liable up until the point their extinguish their liability by naming the driver and their address. And that can be any time before a claim.

See https://portfolio.cpl.co.uk/Parking-News/395/26/

Worzel_

ChirpyChicken said:

Worzel_ said:

Car1980 said:

True. Another tactic is to ignore until the Letter of Claim and then transfer liability. It's like landing on a snake for the parking company as they go all the way back to the start. Or if they don't, you have a three or four line rock solid court defence.

It seems to mess with their systems and timelines and they drop the case, or send a Notice to Driver and then lose interest.

I thought you have a limited timeframe from the initial contact to transfer liability?

No
Is the appeal portal still open to you

I've already sent the above email provided by @car1980

ChirpyChicken

Personally you should have appealed as the driver and used his address it would have been far easier.

Coupon-mad

Why not respond as him now (or ask him to respond) confirming his full address abroad and telling them he was the driver.

Car1980

I still wouldn't be surprised if they attempted the same trick though. Any foreign address is looked upon suspiciously. 

Didn't Kaizen say they shared a batch of addresses they have blacklisted and presumably try to invoke keeper liability on the back of?