Who is liable?

ChirpyChicken

Keeper is deceased

NTK's received after keeper deceased

I guess technically the estate is/can be held liable?

Jame4ters

Technically I would have thought so but I wouldn’t be looking to pay it

ChirpyChicken

https://forums.moneysavingexpert.com/discussion/comment/82006021#Comment_82006021

Oh no one is paying just playing devil's advocate really

Car1980

I don't think it would be a legitimate debt against the estate if it was a POFA PCN because liability is specifically laid down in legislation, unlike an ordinary secured or unsecured debt. You can't transfer liability to the administrator because they were never the keeper or driver. In a way it's treated more like a NIP than an ordinary invoice.

A non-POFA invoice would be different though in theory.

Coupon-mad

Yep not liable. Debt died with them.

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/6669176/who-is-liable

Lets avoid the argument of if its a liability or contract etc but just assume that its accepted that it is and therefore yes, same as if you were to blame for a car accident that killed you and a third party with you being out of the question it goes to the estate, if the estate is insolvent then there are a rules over who gets paid first, second, third etc.

This would be an unsecured creditor and so would be a 4th ranking debt to be paid, heirs and beneficiaries are the last ranking so the parking ticket would be paid before beneficiaries get what's left of the estate.

ChirpyChicken

https://forums.moneysavingexpert.com/discussion/comment/82006248#Comment_82006248

Thanks that makes sense

Coupon-mad

"This would be an unsecured creditor and so would be a 4th ranking debt to be paid, heirs and beneficiaries are the last ranking so the parking ticket would be paid before beneficiaries get what's left of the estate."

But no executor would be daft enough to treat this hypothetical scam invoice as a debt owed, of course. A phoney allegation from a rogue PPC isn't a real debt.

There is no way I'd have paid this piece of toilet paper before beneficiaries when I was an executor, where the duty is to act with integrity. Parking firms are gutter-dwellers and these aren't fines or penalties (nor a CCJ proven in court) so it's all moot.

A letter with the death certificate sees such cling-ons off. As @ChirpyChicken knows!

Car1980

Practically it would never be paid. And they have 2 months to submit their claim to the administrator - but how would they know they'd died?

A court claim would be ignored and even a default CCJ of £600+ would see bailiffs going away empty handed.

ChirpyChicken

https://forums.moneysavingexpert.com/discussion/comment/82006340#Comment_82006340

Yes it was only for two parking tickets someone forgot to inform the dvla of a husbands death etc and used the car

They have informed parking firm and I am sure they will close it off as its a fairly tame one.

But your point raises another question one I doubt that cant be answered here

Say the debt was 1k.

Deceased partner ignores court claim etc

Goes to HCEO. High court Writ is obtained. Can they "sieze" the car in order to settle the Writ. The same would go for council bailiffs.

I realise its unlikely to happen much

clive0510

We had several issues after my mum passed away. there was unpaid bills, debts, she was a civil servant and apparently they had over paid her pension for years, for some reason and they wanted it back. anyway I just got every thing together and gave it to the solicitor. that was four years ago. not heard any thing since.