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  • FIRST POST
    • Urttem
    • By Urttem 2nd Feb 18, 12:33 PM
    • 7Posts
    • 3Thanks
    Urttem
    Working abroad but "Letter of Claim" received.
    • #1
    • 2nd Feb 18, 12:33 PM
    Working abroad but "Letter of Claim" received. 2nd Feb 18 at 12:33 PM
    One of my family members is working abroad but has several PCNs. One of these has now resulted in a "Letter of Claim".
    Question - As they are out of the country can a County court action be brought?

    These PCNs are from when they were a tenant of someone with a flat where parking was only allocated to the flat owners. Other residents had to get a visitor permit on a daily basis. Over the 18 months they were there the odd permit slip dropped off the dashboard etc. leading to 3 PCns which were ignored.
    I actually contacted the residential management company and it became apparent that as mentioned by Parking Prankster this permit business is used as an income stream (VCS is the actual parking company). By contacting the management company I may have inadvertently brought to their attention that there were several PCNs outstanding which makes it worth their while getting the 1st one prosecuted as they would presume the others would then get paid with no further trouble.
Page 1
    • waamo
    • By waamo 2nd Feb 18, 12:37 PM
    • 2,636 Posts
    • 3,236 Thanks
    waamo
    • #2
    • 2nd Feb 18, 12:37 PM
    • #2
    • 2nd Feb 18, 12:37 PM
    Give the parking company the foreign address as the address for service. They won!!!8217;t like it but that!!!8217;s their problem.
    This space for hire.
    • nosferatu1001
    • By nosferatu1001 2nd Feb 18, 1:38 PM
    • 1,723 Posts
    • 1,941 Thanks
    nosferatu1001
    • #3
    • 2nd Feb 18, 1:38 PM
    • #3
    • 2nd Feb 18, 1:38 PM
    It is vitally important that the overseas address is given, ASAP, and you are ABSOLUTELY CLEAR that the address MUST be used for all service needs going forwards, and that should another address be used that you will hold them liable for any associated costs with their failure.

    If not, while the overseas person is out of jurisdiction, forcing the court to accept it if they file against a UK address will cost £100 upfront. An overseas address on the claim form should stop the CCBC from issuing it
    • Urttem
    • By Urttem 2nd Feb 18, 3:21 PM
    • 7 Posts
    • 3 Thanks
    Urttem
    • #4
    • 2nd Feb 18, 3:21 PM
    Do I have to tell them the address?
    • #4
    • 2nd Feb 18, 3:21 PM
    Thanks for the prompt replies - I was thinking of simply informing them the person was abroad and supplying some Inland Revenue documentation (suitably redacted) to prove this.
    I am due to be out of the country for about 5 weeks shortly after the required response date so if they proceed and get a CCJ we could subsequently proof they had mislead the court by not informing them the person was outside of jurisdiction and get any CCJ set aside.
    • waamo
    • By waamo 2nd Feb 18, 3:33 PM
    • 2,636 Posts
    • 3,236 Thanks
    waamo
    • #5
    • 2nd Feb 18, 3:33 PM
    • #5
    • 2nd Feb 18, 3:33 PM
    You seem keen to make things as difficult for yourself as you can. If you end up having to get a set aside you will have to fork out £255.

    Just give them the address then they can!!!8217;t just issue a claim to the last known address which is all they legally need to do. If they don!!!8217;t have the foreign address then the UK address will be the last known address.
    This space for hire.
    • Urttem
    • By Urttem 2nd Feb 18, 3:35 PM
    • 7 Posts
    • 3 Thanks
    Urttem
    • #6
    • 2nd Feb 18, 3:35 PM
    • #6
    • 2nd Feb 18, 3:35 PM
    Right - understood! Many thanks.
    • The Deep
    • By The Deep 2nd Feb 18, 4:02 PM
    • 8,234 Posts
    • 7,555 Thanks
    The Deep
    • #7
    • 2nd Feb 18, 4:02 PM
    • #7
    • 2nd Feb 18, 4:02 PM
    Question - As they are out of the country can a County court action be brought?

    I believe that it can, but has to be done via The Foreign and Commonwealth Office, who will instruct HM Consul to serve it. It can be eye-watering expensive.


    Many years ago I was Vice Consul in Houston. I was asked by the court to serve papers on a family in Sante Fe. I had to fly to Alberqerque, hire a car, and drive to Santa Fe, spend the night in a hotel, and return to Houston the next day. The bill for this little lot cost the claimant will over a £1,000.
    Last edited by The Deep; 02-02-2018 at 4:16 PM.
    You never know how far you can go until you go too far.
    • Urttem
    • By Urttem 6th Feb 18, 7:38 PM
    • 7 Posts
    • 3 Thanks
    Urttem
    • #8
    • 6th Feb 18, 7:38 PM
    • #8
    • 6th Feb 18, 7:38 PM
    FYI - There has been advice on this and other PCN forums about contacting the owner of the land to see if they will waive the charge. Well I did contact the company the manages the land around this block of flats - I couldn't get to the actual owning company they were hidden behind the management co.

    Anyway, I think that was a big mistake and the management company is the one using the restrictive parking for residents as a money raising exercise. I had emailed them and then when I got no response I rang them expecting them to be more concerned with looking after their residents than keeping a parking company busy.

    I quickly realised this was a stupid thing to have done as they were not sympathetic to their residents and viewed the whole thing as a problem to be deal with (i.e. make money) - yes I know, I know... but bear in mind that hindsight is a wonderful thing before you state the (now) blooming obvious.....

    I suspect that by this time I had given away too much information. They then twigged to the multiple "offences" which makes it more worth while pursuing my family member which they have done as we have a 2nd letter now referring to all the incidents.

    As with the 1st I have referred them to the foreign address.
    • waamo
    • By waamo 6th Feb 18, 7:44 PM
    • 2,636 Posts
    • 3,236 Thanks
    waamo
    • #9
    • 6th Feb 18, 7:44 PM
    • #9
    • 6th Feb 18, 7:44 PM
    Like I said they will not like a foreign address. Stop communicating with them. If they write again tell them to refer to the foreign address.
    This space for hire.
    • pappa golf
    • By pappa golf 6th Feb 18, 7:45 PM
    • 8,706 Posts
    • 9,285 Thanks
    pappa golf
    you did not follow advice on here , this is at a much later stage than info on here saying "contact landowner"

    you will now have to write MULTIPLE letters each stating PCN numbers and the new address , sent by first class NOT RECORDED/SIGNED for and with proof of postage from PO

    do NOT send any documents with letters
    Save a Rachael

    buy a share in crapita
    • Urttem
    • By Urttem 8th Feb 18, 6:09 AM
    • 7 Posts
    • 3 Thanks
    Urttem
    Thanks for you replies - I should have made it clear - the 2nd letter was from VCS and referring to them passing the matter to their Legal Dept. and asking for payment within 30 days. So not from a solicitor.
    I contacted the agents last year when we had only received the PCN notifications, but as I say I suspect if I had kept my trap shut it might have petered out.
    The only document I enclosed was a photocopy of their letter to make it absolutely sure of the PCN they are referring to.
    As the settlement sum in this 2nd letter for the 4 PCNs was less than double the sum quoted on the 1st letter I suspect they are hoping it will tempt us into settling without a court action and give them a easy win.
    • Coupon-mad
    • By Coupon-mad 8th Feb 18, 1:49 PM
    • 54,129 Posts
    • 67,795 Thanks
    Coupon-mad
    Stand your ground and ignore that letter then, reply only to a LBCCC or claim.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Urttem
    • By Urttem 17th Feb 18, 1:52 PM
    • 7 Posts
    • 3 Thanks
    Urttem
    The latest letter is from VCS acknowledging my last letter to them (as opposed to the solicitors/debt collection) informing them my family member is resident abroad and not at my address. They are requesting evidence of residency at the address abroad. Seems reasonable-ish to me - anybody see any potential pitfalls in my providing this?
    • twhitehousescat
    • By twhitehousescat 17th Feb 18, 2:21 PM
    • 955 Posts
    • 1,204 Thanks
    twhitehousescat
    but it is not your job to supply evidence of foreign address

    they either accept it or are calling you a lier

    sound like latter to me
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • waamo
    • By waamo 17th Feb 18, 6:14 PM
    • 2,636 Posts
    • 3,236 Thanks
    waamo
    Giving them evidence will make it go away. Normally I would like to be awkward to a ppc however in this case it might just pay to play ball.
    This space for hire.
    • twhitehousescat
    • By twhitehousescat 17th Feb 18, 6:47 PM
    • 955 Posts
    • 1,204 Thanks
    twhitehousescat
    would not even bother sending letter , let them PAY court costs only for it to be kicked out at the start
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • beamerguy
    • By beamerguy 17th Feb 18, 6:50 PM
    • 6,968 Posts
    • 9,082 Thanks
    beamerguy
    The latest letter is from VCS acknowledging my last letter to them (as opposed to the solicitors/debt collection) informing them my family member is resident abroad and not at my address. They are requesting evidence of residency at the address abroad. Seems reasonable-ish to me - anybody see any potential pitfalls in my providing this?
    Originally posted by Urttem
    You need to understand that VCS is nothing special and
    as they operate in an unregulated industry, they are not
    entitled to request personal data ..... they are no different
    to your local take-a-way and you would not give personal
    data to them would you.

    To dismiss your liability, then all that is required is to
    give the correct address abroad, you are not required
    to offer any proof of residency
    It's then up to VCS what they decide to do ... but what
    they must do is STOP contacting you
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Coupon-mad
    • By Coupon-mad 17th Feb 18, 6:57 PM
    • 54,129 Posts
    • 67,795 Thanks
    Coupon-mad
    I said on another thread, I would provide evidence, so they crawl back under their stone. It seems reasonable to show that the information given is correct, and it stops them bleating.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Urttem
    • By Urttem 17th Feb 18, 10:53 PM
    • 7 Posts
    • 3 Thanks
    Urttem
    Right oh. Thanks. I was just cautious in case there was some hidden angle I wasn't aware of.
    • Coupon-mad
    • By Coupon-mad 17th Feb 18, 11:23 PM
    • 54,129 Posts
    • 67,795 Thanks
    Coupon-mad
    No, I expect they are hoping no proof of residency is forthcoming, to give them a thin excuse to bombard the UK address of the keeper with demands again.

    Call their bluff, the family member just shows their address abroad (utility or rental bill, something like that). They don't have to, but to end the scam, I would.

    Have you watched the Parliamentary debate from 2 weeks ago unanimously condemning this 'outrageous scam' (MPs words)?

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41
    Last edited by Coupon-mad; 17-02-2018 at 11:25 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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