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Purely hypothetical


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I think that I have found a (corporate) way to avoid paying any PCN - ever.

 

Scenario:

 

There exists a English limited company - called Company ABC. It is wholly owned by an overseas company - called company XYZ. Overseas is anywhere outside the EU, but The Bahamas sounds nice for board meetings.

 

All paperwork, invoices and payments provide proof that company XYZ purchased and owns the CAR. Because a UK address is required by DVLA, the registered keeper is company ABC.

 

If a PCN is issued for the CAR, then the NtO will go to company ABC as RK; since they can prove that they are not the owner, then return it saying so.

 

Council unable to pursue company XYZ as outwith their area of influence/competence.

 

 

Where is the flaw?

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I don't think there is a logical flaw. The 'flaw' lies in the enforcement process, whereby the Council can't/won't pursue the debt. From the owner/driver's point of view it would work.

 

There is one thing to bear in mind though - the Council would probably become wise to this vehicle, and could start towing it every time it's in contravention.

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How will you deal with correspondence from DVLA, speeding fines etc>

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Good point Jamberson, but the power to immobilise is limited. For some contraventions, the vehicle cannot be immobilised (however 'wise' the Council are) for 15 minutes - assuming that such a vehicle is deemed a persistent offender

 

The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 Reg 13.4

(4) An immobilisation device must not be fixed to a vehicle which is in a parking place in respect of a contravention consisting of, or arising out of, a failure—

(a) to pay a parking charge with respect to the vehicle;

(b) properly to display a ticket or parking device; or

© to remove the vehicle from a parking place by the end of the period for which the appropriate charge was paid,

until the appropriate period has elapsed since the service of a penalty charge notice under regulation 9 in respect of the contravention.

(5) For the purposes of paragraph (4) the appropriate period is—

(a) in the case of a vehicle as respects which there are 3 or more penalty charges outstanding, 15 minutes;

(b) in any other case 30 minutes.

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amazing how they make the vehicle an offender. the 'person appearing to be the owner' may be liable but this does not make them the offender. just shows how the system is geared to money and not 'justice'. QED

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I know for council parking fines (excluding towing & clamping) that if your vehicle is registered in the Isle of Man or the Channel Islands then you will not be pursued for any PCN's. Even a vehicle registered in Scotland is complicated as if they refuse to pay then you have to go through the Sheriffs Court in Scotland rather than TEC and many if not most councils do not have the resource to do this.

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Bogs ( First name terms now I hope :) ) thats an informative post. A mail forwarding P.O. box in an any of those locations enough to 'do it' ?

 

"Bogs" or "Bogsy" is fine:)

 

To be honest I do not know the answer to your question but I'm sure Google will.

 

My info was gleaned from the Local Authority Operational Guidance issued by the DfT. It advises under section 10.66 that Warrants of Execution cannot be be made against those whose vehicle's registered address is in the Isle of Man or the Channel Islands. So ultimately if they do not voluntarily pay a PCN then there is little an authority can do about it. Even to get payment from a vehicle registered at a Scottish address is not worth the effort of going through the Sheriffs Court for most authorities. It is not a simple task.

 

I do have an associate who has a Manx registered vehicle and he advises me that he never gets traced for speeding or when contravened moving traffic, bus lane or parking restrictions he has never received a postal PCN . I am aware that with any foreign number plate vehicle the DVLA reply with "No Trace". If you FOI'd a London Borough asking them to submit how many cancellations are due to foreign registered vehicles I think the numbers would be quite substantial particularly with all the Polish etc.

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