BW legal/Excel small claim

Seaskewer

Hi all. The above have logged a small claim for nearly £300 for an alleged “overstay” in a car park in Wakefield in 2012.

I’ve already completed all the necessary documents and filled my defence, which after reading some of the advice on here I wish I had taken more time to prepare.

I have a couple of questions. I no longer live in the UK, I’m resident in France, does this have any implications for the courts jurisdiction to hear the claim.

Am I able to re submit my defence document?

So far I received no evidence from excel parking or BW Legal, and it’s that long ago I have no idea who was driving, or any recollection of the alleged infringement.

I’d really appreciate any help you could offer me.

Thanks in advance.

nosferatu1001

Exactly when in 2012 was it? I presume the driver was never identified.

Which address did they send the claim form to? If you have acknowledged the claim without contesting jurisdiction, you have accepted the court has power. You cannot resubnmit your defence, so show us exactly what you wrote.

Did you respond to any pre action letters? Yes or No

System

Is this Cavendish?

Seaskewer

Hi, it was in September 2012. They claim to have been sending letters to me from BW Legal, but they were being sent to my old address if sent at all, so the first I knew of this was when the small claim court papers came through to my redirected address form my old address.

I did contests jurisdiction on the grounds I am not resident in England or Wales,, my d!fense is pretty shocking now I!!!8217;ve read throug the post in this forum, but here it is, please don!!!8217;t laugh too hard!

I have no details of this !!!8220;alleged!!!8221; PCN notice nor have I seen any
evidence in relation to this matter.

As we are nearing the time limit for statute barred, I question
why now I am being issued with this county court claim, when the claimant has had nearly 6 years to address this matter with me.

I now live permanently in France, and have been so since the 8th
October 2017. These papers have only just come to my attention as they were sent to the wrong address, which may explain why I haven!!!8217;t received any correspondance from Excel Parking or their representatives in relation to this matter, or given any notice of this pending claim.

A CCJ cannot be registered against me as I no longer live in England or Wales and can provide proof if required. I also contest the courts jurisdiction in this matter as I no longe live n England or Wales.


Thanks

System

A CCJ cannot be registered against me as I no longer live in England or Wales and can provide proof if required. I also contest the courts jurisdiction in this matter as I no longe live n England or Wales.

This is incorrect. The CCJ will be entered against you at the E&W address unless you correct the court and the Claimant. When the Directions Questionnaire comes, that is the time to correct the issue of the address.

You are allowed as an individual to have the case heard at your nearest (E&W) court or when you return to E&W. Since neither are possible you have to tell the court and Excel in a formal way.

If you haven't sent in a defence, then tell the court that you are outside E&W and secondly the particulars are deficient in that they do not give enough information for you to mount a defence. Your being outside jurisdiction should be sufficient to kill it.

If you have sent in a defence, pick up the issue at the Directions stage.

The purpose of the Directions Questionnaire is to give the court the information they need to set a date. Question D1 will ask for your local court and D4 when you will be on holiday. So if you put in that your nearest court is in xxx country and D4 is not relevant as you won't be coming back to the UK in the foreseeable future. This passes the issue back to the court to contact BW to ask them what they intend to do. BW may suggest papers but you say 'no' to that - as you are entitled to.

nosferatu1001

Did you actually tick the "i contest jurisdiction" box or did you just write it in the defence?
Because one is actioned by the CCBC, the other isnt even looked at by them....

As this is BEFORE the introduciton of POFA2012 they CANNOT hold the KEEPER (you) liable, ONLY the driver who they AND you do not know.

System

He's outside the jurisdiction whether he ticks the box or not. He needs to pick this up either with his defence or the DQ.

It was correctly served and mistakenly acknowledged but it can't go forward if there is no "local" court for the OP. He just has to explain this.

Seaskewer

Hi all, thanks for your advice. As I!!!8217;ve already completed all the forms sent to me by the court, and I!!!8217;m sure I said I had no intention of coming back to the UK, is it correct that they!!!8217;ve gone ahead and scheduled a hearing in Leeds on the 24th August? Is this something I can challenge as I am now resident in France?

Seaskewer

Thanks, I already completed the DQ and am pretty sure I did all of the above, but the hearing has been set for Leeds in August?

System

Is this something I can challenge as I am now resident in France?

Do you intend to visit Leeds? Are you able to visit Leeds? Have you agreed a "papers only" instead as that is an option?

You can see why BW get away with these claims as people can mess it up and get them an easy win. Whether they can collect is another matter but best not lose it anyway.

nosferatu1001

Seaskewer wrote: »

Thanks, I already completed the DQ and am pretty sure I did all of the above, but the hearing has been set for Leeds in August?

You NEVER said you had completed your DQ already!

What fdid you put, EXACTLY, on your DQ?
Rushing to complete legal forms is only going to end one way...