Free Traffic Legal Advice

Hello,

PCN: https://ibb.co/vxB4NhxQ

A friend was visiting from Florida and rented a car from Enterprise who required he give them a local address, so used his mother's. We met at a Starbucks at on the site of an EC garages fuel station (the site has a starbucks and burger king outlets seperate from the garage). As we haven't seen each other for a while we chatted for a good few hours, basically until the store started closing.

He has gone back to Florida now but received an email from enterprise with a PCN scanned in, obviously they have named him as the renter but as he is in the states they probably wouldn't post it out to him. He called me today saying his mother had a letter for him which was probably been delivered within the time frame (his mother is elderly and not in the best of health) and when she opened it, it was the PCN.

Now if he had stayed in a hotel, this wouldn't be an issue however he is worried that if it goes to court and he won't be there and bayliffs turn up etc.

I don't have a picture of the signage but I've said i'd go and obtain it for him as we have met there quite a few times but the restrictions must have been a fairly recent addition.

I believe i've followed the guide but if there is anything else to add, please let me know.


Edit: He thought this was a scam at first as this sort of thing doesn't happen in the states so he followed the link in the notice: https://ibb.co/vxB4NhxQ

"If he receives a notice to hirer in his own name, he can then respond to that if he wants. Come back here with a copy of such a notice if you want."


So if he doesn't receive such a notice at his USA address then he can safley ignore? Would an email count?

Are you sure that the NtK his mother received is the copy sent by Enterprise? It could be that Enterprise already provided the Hirers details and what the mother has received is a Notice to Hirer (NtH).

Whilst your friend is the Hirer, they cannot be liable. Only the driver can be liable and they have no idea who that is unless your friend blabs it to them.

The only fly in the ointment is Enterprise who are staffed by eejits who do not know the difference between a statutory penalty notice and a civil parking charge notice. Tell your friend to block or canc el the credit card he used so they cannot charge him for their stupidity when they try to pay it and then tell him to appeal and if successful, they will refund. It will NEVER happen like that.

If they have been charged already, tell them to initiate a chargeback with tie credit card company.

You can reassure your friend that at no stage will any bailiffs come knocking. That is impossible without a county court judgment being issued for a sum exceeding £600. Please read below why a CCJ and bailiffs can't just come knocking on anyone's door.

Why no bailiff can knock on your door

1. County Court Judgment (CCJ):

• A bailiff (enforcement agent) can only get involved after a creditor has obtained a CCJ against you in a county court.
• If the CCJ is under £600, the creditor cannot transfer it to the High Court for enforcement by a High Court Enforcement Officer (HCEO). Instead, enforcement would remain under the county court's jurisdiction.

2. Threshold for High Court Enforcement:

• If a CCJ is over £600 (including fees and interest), the creditor can transfer it to the High Court for enforcement by an HCEO. This is a common method because HCEOs tend to be more effective at recovering money.

3. Cost-Benefit Analysis for Creditors:

• For CCJs under £600, creditors may find it uneconomical to pursue enforcement through county court bailiffs, as they are generally slower and less effective than HCEOs.
• As a result, creditors may opt not to escalate enforcement for small amounts.

4. Private Parking Charges and Bailiffs:

• In the context of private parking charges, no bailiff action can occur unless the parking operator has gone to court, won a case, obtained a CCJ, and you fail to pay the judgment within the stipulated time (usually 30 days).

So, no bailiff will come to your door for a debt under £600 unless the creditor deems it worth pursuing through county court enforcement. However, even if the debt is over £600, bailiff involvement only happens after a CCJ is issued, and enforcement is transferred to the High Court.

Also, why a CCJ just doesn't happen:

A County Court Judgment (CCJ) does not just happen—it follows a clear legal process. If someone gets a Parking Charge Notice (PCN) from a private parking company, here's what happens step by step:

1. Parking Charge Notice (PCN) Issued

• The parking company sends a letter (Notice to Keeper) demanding money.
• This is not a fine—it’s an invoice for an alleged breach of contract.

2. Opportunity to Appeal

• The recipient can appeal to the parking company.
•If rejected, they may be able to appeal to POPLA (if BPA member) or IAS (if IPC member).
• If an appeal is lost or ignored, the parking company demands payment.

3. Debt Collection Letters

• The parking company might send scary letters or pass the case to a debt collector.
• Debt collectors have no power—they just send letters and can be ignored.
• No CCJ happens at this stage.

4. Letter Before Claim (LBC)

• If ignored for long enough, the parking company (or their solicitor) sends a Letter Before Claim (LBC).
• This is a warning that they may start a court case.
• The recipient has 30 days to reply before a claim is filed.
• No CCJ happens at this stage.

5. County Court Claim Issued

• If ignored or unpaid, the parking company may file a claim with the County Court.
• The court sends a Claim Form with details of the claim and how to respond.
• The recipient has 14 days to respond (or 28 days if they acknowledge it).
• No CCJ happens at this stage.

6. Court Process

• If the recipient defends the claim, a judge decides if they owe money.
• If the recipient ignores the claim, the parking company wins by default.
• No CCJ happens yet unless the recipient loses and ignores the court.

7. Judgment & Payment

• If the court rules that money is owed, the recipient has 30 days to pay in full.
• If they pay within 30 days, no CCJ goes on their credit file.
• If they don’t pay within 30 days, the CCJ stays on their credit file for 6 years.

Conclusion

CCJs do not appear out of thin air. They only happen if:

• A parking company takes the case to court.
• The person loses or ignores the case.
• The person fails to pay within 30 days.

If you engage with the process (appeal, defend, or pay on time), no CCJ happens.

His mother doesn't respond to anything. When she receives the Notice to Hirer (NtH) from VARS (I'm assuming she will be opening his post), then she can show him the notice and he can then respond with a suitable response that refers them to the answer given ion Arkell v Pressdram (1971).

VARS will have failed to send the required copies of documents with the NtH, which will invalidate any liability on the Hirer. Only the driver will be liable and unless the Hirer tells them who that is, they have no way of knowing and are not allowed to infer or assume that the Hirer must also be the driver.

Anyway, even if he admits being the driver, there is no way they can do anything about it. Of course your friend should have just given a hotel address.

For now, focus on one thing: stop VARS using Mum’s address and make them switch to Florida-only, no UK service. Here’s an email your friend can send (no need to name the driver). Email the following to VARS at complaints@varsanpr.co.uk and CC himself:

Subject: PCN [ref] — Rectification, Erasure, and Service Address (Non-UK Resident)

Dear VARS,

I am the Hirer named on your Notice to Hirer for PCN [ref], vehicle [reg], event date [dd/mm/yyyy].

Address for service (non-UK resident)
I am not resident in the UK. My only address for service is:

[Full Florida residential address].

I do not reside at, own, or have any financial interest in [mother’s UK address]. You must not use it for any purpose.

UK GDPR rectification & erasure
Treat this as a UK GDPR rectification request to replace your records with my Florida address only, and an erasure request in respect of the UK address (save for a minimal suppression record to prevent future use). Confirm in writing within 30 days.

Service of any claim
If you persist, any proceedings must be effected out of the jurisdiction in accordance with CPR 6.36/PD6B. I do not consent to service at any UK address, and I do not consent to service by email. Any attempt to serve at [mother’s address] will be mis-service; I will seek an immediate set-aside with costs for unreasonable conduct.

PoFA (hire)
Your NtH was not accompanied by the documents required by PoFA Sch.4 paras 13–14, so there is no keeper/hirer liability. The debt is denied.

Harassment/data misuse
Further contact to the UK address will prompt complaints to the ICO and the trade association.

For avoidance of doubt, I was a temporary visitor in the UK. Please update your records and confirm by reply.

Yours faithfully,

[Full name]
[Florida residential address]
[Email]

Attachments (for address verification):

– Redacted US driver licence or state ID (mask licence number/DOB).
– Recent US utility bill/bank statement showing the Florida address (mask account numbers/amounts).

Excellent, glad there's been a conclusion.

he received an email response despite advising them to respond through mail only

If he contacted them via email, it is entirely reasonable for them to respond via the same medium.