Instigating the marketing
The UK is full of arseholes that think that by getting a non-UK based company to send out the marketing texts/e-mails, that they're not culpable. Regulation 22(2) PECR would make the UK data controller the instigator of the marketing e-mails by commissioning a third-party. This is why the ICO's direct marketing guidance around electronic marketing mail is bollocks - you cannot pass consent to an unknown third-party for the purpose of electronic mail marketing because the data controller will remain the instigator of any marketing from the unknown third-party, unless they name the third-party.
I'm just about to file a claim against a well-known double glazing company for £750 in compensation because I receive marketing from an overseas company that promoted their services. They're basically using spammers to target me with marketing e-mails so they're instigating the marketing.