Parked over a line in a disabled bay to be able to use it.

KIDDSKY_2

Stuck on what course of action to take.

My ex-husband lives and works abroad, only visiting every few months. He recently took our disabled son, who uses a wheelchair, out for the day in my car. This was in a free car park.

Because of the way the disabled bays are laid out, and with another car parked beside him, he had to pull forward out of the bay and park at an angle in order to get the wheelchair out. The line he crossed was into empty area, no obstruction, no pedestrian path, nothing at all just extra piece of paved land.

I appealed, explaining the situation. I also made clear that I wasn’t the driver, but that as his address is in Romania, UKPC could use my address as c/o. They replied saying they needed his full address to make a decision.

I responded again, confirming his address is in Romania and that he has no UK address.

They refused the appeal on the grounds they did not have his address.

I then appealed to POPLA, but they sided with UKPC, saying the ticket was issued correctly.

Now I’m stuck:

1. Should I transfer liability to my ex and provide his Romanian address?
2. I believe I could win in court, since they suffered no financial loss and he only parked that way to allow our son to exit safely. But I don’t want to go through a long solicitor process or risk extra fees. Is there a way to take this straight to court for a decision?

They keep addressing all communication to me ignoring the fact that I told them I wasn’t the driver. 

James_Poisson

You obviously have not read the newbies thread where all this is explained, UKPC were never going to accept your appeal, and you made the wrong appeal to POPLA, but that's the way it is contrived in this unregulated scam industry.

You would have been better naming the driver with the foreign address the idiots can't take someone to court in Bulgaria, they are just greedy scammers.

KIDDSKY_2

James_Poisson said:

You obviously have not read the newbies thread where all this is explained, UKPC were never going to accept your appeal, and you made the wrong appeal to POPLA, but that's the way it is contrived in this unregulated scam industry.

You would have been better naming the driver with the foreign address the idiots can't take someone to court in Bulgaria, they are just greedy scammers.

Thanks, what do I do now though?
Transfer liability fully, I have already told them I was not the driver? 

Gr1pr

Use the complaints link for UKPC on the BPA AOS members list and put in a complaint,  stating that you were not the driver, so as the RK have already given the full name and address in Romania of the actual driver to UKPC, So have transferred the legal liability as RK under the UK law named POFA 2012, but here it is again,  in full , to remove any doubt that you no longer have any legal liability at all

Add that they now need to take it up with the actual driver and to stop harassing you, the RK, because of the fact that you have no liability in law and a UK court would agree with you 

Ignore any powerless debt collectors letters too

soolin

Gr1pr said:

Use the complaints link for UKPC on the BPA AOS members list and put in a complaint,  stating that you were not the driver, so as the RK have already given the full name and address in Romania of the actual driver to UKPC, So have transferred the legal liability as RK under the UK law named POFA 2012, but here it is again,  in full , to remove any doubt that you no longer have any legal liability at all

Add that they now need to take it up with the actual driver and to stop harassing you, the RK, because of the fact that you have no liability in law and a UK court would agree with you 

Ignore any powerless debt collectors letters too

I'm not an expert and leave that up to you regulars, but the issue here is that the overseas address has NOT been supplied for some reason. 

Gr1pr

soolin said:

Gr1pr said:

Use the complaints link for UKPC on the BPA AOS members list and put in a complaint,  stating that you were not the driver, so as the RK have already given the full name and address in Romania of the actual driver to UKPC, So have transferred the legal liability as RK under the UK law named POFA 2012, but here it is again,  in full , to remove any doubt that you no longer have any legal liability at all

Add that they now need to take it up with the actual driver and to stop harassing you, the RK, because of the fact that you have no liability in law and a UK court would agree with you 

Ignore any powerless debt collectors letters too

I'm not an expert and leave that up to you regulars, but the issue here is that the overseas address has NOT been supplied for some reason. 

Hi, excellent point,  in that case then I suggest that it's done now using the method I described,  so before an actual  UK ( English I assume ) court claim is issued against her

KIDDSKY_2

soolin said:

Gr1pr said:

Use the complaints link for UKPC on the BPA AOS members list and put in a complaint,  stating that you were not the driver, so as the RK have already given the full name and address in Romania of the actual driver to UKPC, So have transferred the legal liability as RK under the UK law named POFA 2012, but here it is again,  in full , to remove any doubt that you no longer have any legal liability at all

Add that they now need to take it up with the actual driver and to stop harassing you, the RK, because of the fact that you have no liability in law and a UK court would agree with you 

Ignore any powerless debt collectors letters too

I'm not an expert and leave that up to you regulars, but the issue here is that the overseas address has NOT been supplied for some reason. 

I did not supply it initially because I was worried he wouldn’t take it seriously and appeal so I provided my address as c/o address to make sure that I know what happens. 

But they rejected it because of that. 

So now I am asking do I give the address and transfer liability or do I fight this in court but I don’t want to wait years for stupid debt recovery letters I just want to take it to court and resolve it. 

Yes I know I should have read the forum before.

Gr1pr

KIDDSKY_2 said:

Stuck on what course of action to take.

Now I’m stuck:

1. Should I transfer liability to my ex and provide his Romanian address
2. I believe I could win in court, since they suffered no financial loss and he only parked that way to allow our son to exit safely. But I don’t want to go through a long solicitor process or risk extra fees.
3.  Is there a way to take this straight to court for a decision?

4) They keep addressing all communication to me ignoring the fact that I told them I wasn’t the driver. 

To answer your questions

1) definitely , as I described earlier 

2)  it probably wouldn't get to a hearing,  more likely to be discontinued beforehand, costing you nothing 

3) no

4) Telling them that you were not the driver doesn't really help you under POFA2012,  whereas using the same  law to transfer liability to the driver does help you , so his "name & address for service " in Romania

prowla

You: "Dear scammer: please be reasonable.".

Scammer: "No; now give me your money, or else!".

kryten3000

The keeper should write to UKPC to provide the driver's name and Romanian address as their "address for service".  Do this now before any chance of a court claim being issued.

The driver should be warned not to respond or pay.  

If UKPC/debt recovery agent is writing to the driver's name at the UK address then the driver should issue a data rectification notice to provide their new address for service in Romania and instruct UKPC/DRA to ERASE the old address.

Then, in the event of a claim against the keeper,  the keeper can show that they discharged their liability and have no case to answer.  This won't stop UKPC from trying but it is a strong defence - keeper was not the driver and driver's information was supplied before the start of proceedings.