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Premier Park PCN to PP Legal Threat For a Foreign Traveller
Pink_Pen
post Wed, 18 Sep 2019 - 15:47
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Hello so I am in a bit of a situation. I am currently travelling through the UK and Europe. In early June i purchased a UK campervan On the 12th of June I lent my van to a friend. He used it to take some stuff to a shop in central Wigan. Unfortunately there is little parking there and he ended up jumping in, what was according to him a mostly empty carpark behind a gym. There was apparently a sign at the entrance saying that it was for gym members only, but was abnormally large for a gym carpark and there was another ramp to another building on the side of it so he thought the back of the parking area may have been part of another business. He thought it would be ok for a quick 15-20 minute drop off.

So I left Manchester on the mid June to commence my grand journey around Europe. I was notified a couple weeks later from another friend i was staying with that i had some mail, but didnt think much of it as i was expecting some letters from my insurance company for the car. On the 19th of August I received photos from my friend of a final reminder from Premier park ltd. demanding that i pay 115 pounds by the early September for this parking incident back in June or it'll be handed to a debt collector and/or taken to court. This came completely out of the blue, my friend said they didnt provide any physical ticket that youd normally get in the window for example and apart from the letters no other form of contact was attempted. Instead they have photos of the van coming in and out of the carpark and claim it was there for 30 minutes which my friend said is probably accurate as he had to walk a bit. It turns out the letter that arrived two weeks after i left was either the first or second letter they sent im not really sure. Their final reminder mentioned that a letter should have been sent mid june and then two weeks later. Only one letter was ever received in that period It arrived sometime early July judging from when the message was sent notifying me i had mail. im unsure if it was the first letter and was late with the second going missing or the second letter arriving on time and the first was lost/unsent. I should mention that when the first letter should have arrived i was close to the southern coast of England and when the letter that was received arrived I was not even in the UK i was in France. Back where i come from there is a company that does exactly this and they use many dirty tricks to look like the council and rely entirely on lack of knowledge to extort money out of people. my friend is a debt collector and wrote a template letter that gets people out of their false fines. After doing some research i figured out these cases can actually be enforced in the UK due to a silly law but there is a way out if you were not the driver. Problem is i had missed the appeal period by miles, but it seems that doesnt tend to make much of a difference. So i wrote a letter to premier park lagte August stating 1. i was not the driver, 2.that the charge was being disputed and a default couldn't be loaded which my friend back home suggested. I then tried to email it to them as by this stage I was in Eastern Germany and post would not realistically arrive in time, but they provided virtually no way to do this apart from an online form that i couldn't fill out as the appeall period had expired. I got an email address for transfer of liability and tried that at least one business day before their cut off date for handing to debt collection. I got an email from them a week later acknowledging they'd received the letter but that the appeal period had ended and i had to pay or it would be transferred to debt collection which it already had as it was after the two week period alreadyc... I didnt pay and got a letter from PP legal demanding 170 pounds in two weeks or else i would be taken to court quoting case parlkingEye ltd v Beavis 2015 as an example of it being enforceable.

So the cut off date for PP legal apparently taking legal action is very shortly I am currently in Poland. I am looking to drive around here for another month then potentially sell the car in mainland Europe or the UK and fly back home by late October.I would like to fight the fine as I think its ludicrous and absurd but the problem is im also potentially looking at working in the UK next year and was wondering if doing so and/or losing the case will prevent me from getting a UK tier 2 visa? Also i have to leave the country due to my standard visitors 6 month visa running out in November. What happens if it goes to court but i cant physically attend etc.?
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post Wed, 18 Sep 2019 - 15:47
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ostell
post Wed, 18 Sep 2019 - 16:24
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You write to them and give them your normal address, presumably outside the UK, and tell them this is your address for service as you are not a UK resident.

The UK court system will not issue a claim against a foreign (to the UK) address.

Even if they issue a claim then it is a civil and not a criminal matter and would not affect a Visa application (unless someone knows better)

Have you identified the driver and given contact details? If you have then they can have no claim against you as the keeper.

This post has been edited by ostell: Wed, 18 Sep 2019 - 16:26
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