Author Topic: International Driver PCN?  (Read 235 times)

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Spinstorm

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International Driver PCN?
« on: November 21, 2023, 12:57:11 pm »
Hi,

My relative from the US was driving a couple of my cars during the end of October/start Nov and unfortunately got two PCNs from ParkingEye.

In both cases, I provided his details and US address. The first case they have sent me a letter to confirm they have reissued it to him.

Can they chase him in the US if he doesn't pay? I have removed my liability by giving his details but he wants to know if he should pay or not.

Thanks

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DWMB2

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Re: International Driver PCN?
« Reply #1 on: November 21, 2023, 01:20:05 pm »
Can they chase him in the US if he doesn't pay?
I am unaware of any legal mechanism through which they could force him to pay if he is a US resident with no financial ties in the UK (although my lack of awareness of one does not mean there is an absence of one). Realistically, I'd say it's unlikely - even if such a mechanism existed there's a fair chance it'd cost far more than the value of the charge and thus not be worth their while.

Nosy Parker

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Re: International Driver PCN?
« Reply #2 on: November 27, 2023, 07:29:50 am »
There are mechanisms for serving UK legal proceedings outside the jurisdiction but for small claims the costs of doing so are prohibitive, so I can’t imagine the parking company will go down that route.

H C Andersen

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Re: International Driver PCN?
« Reply #3 on: November 27, 2023, 10:34:09 am »

Wrong question or correct question but posed prematurely IMO:

My relative from the US was driving a couple of my cars during the end of October/start Nov and unfortunately got two PCNs from ParkingEye.

In both cases, I provided his details and US address. The first case they have sent me a letter to confirm they have reissued it to him.

Can they chase him in the US if he doesn't pay? I have removed my liability by giving his details but he wants to know if he should pay or not.


A NTK must...

e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;


current address for service” means—
(a)......or
(b)in the case of the driver, an address at which the driver for the time being resides or can conveniently be contacted;


Have you sent copies of the PCN to the driver?

Just because you've given the creditor a person's details doesn't mean that they have given up on you IMO. If the driver fails to acknowledge the PCN then the creditor could come back to you and say that you gave them bogus info and IMO they could attempt to pursue you instead.

IMO, what you need is something from the driver which makes it clear to the creditor that they were driving but says they're not going to pay. This could let you off the hook procedurally because then the creditor is faced with an admission but the dilemma of how to pursue, a question you leapt to while missing out very important intermediate steps!

Nosy Parker

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Re: International Driver PCN?
« Reply #4 on: November 28, 2023, 08:34:16 am »
Agreed. A letter from the relative confirming their residential address in the US and that they were driving should certainly nail it.
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