BW legal/Excel small claim

Coupon-mad

Change it to Skipton or Manchester, do you have a relative near there?! Give their address...

...then ask for a hearing on the papers...(Not at Leeds!)

Seaskewer

Hi, how do I go about requesting !!!8220;on papers!!!8221; and changing the court. I have no intention of going back to the uk, I!!!8217;m permanent resident in France. Is it just a case of writing to the court and to excel parking reiterating this fact. I!!!8217;ve requested a copy of the DQ from the court, but I definitely corrected them on my status as a French resident, proven by all correspondance now coming to me directly to Versailles.

If someone could kindly just give me a step by step I!!!8217;d really appreciate it.

Alternatively would it be worth while me getting a solicitor involved?

Thanks

Coupon-mad

Alternatively would it be worth while me getting a solicitor involved?

No. Absolutely not, You would not believe how solicitors muck these cases up! I bet a solicitor would start talking about contract law and the driver, and not spot that this is pre-POFA (your main defence as keeper).

As long as the driver was never identified in any early appeal or contact (or your defence?) between 2012 and now, you (as registered keeper) cannot be held liable for a pre-POFA private PCN, under any applicable law.

Can you nominate an address near Manchester or Skipton (I am not joking) and if so, you just say that's your UK base and address for service. Then wait till the case is transferred, then finally write to Manchester or Skipton, once allocated there, and ask for a decision on the papers.

Seaskewer

All my family live in Leeds or Wakefield would that cause a problem having the case transferred? And do I need to put this in writing to the court? Also could you just explain op papers for me?

As I’ve put my shoddy d!fense in already, can I write a witness statement contains your suggestion above?

Coupon-mad

Does the shoddy defence (please show us what you put, exactly, you MUST have kept a copy) admit who was driving?

Did any previous contact admit who was driving?

System

Call the court and explain your predicament - which is you are no longer a UK resident. See what they say. They may suggest papers or paying a fee to get the matter in front of a judge (£255?) to get the case stayed until you return if at all.

nosferatu1001

What did you put in your DQ?
It would be REALLY great if you could give us some real specifics!

"on papers" means no hearing, the judge just reads documents submitted by both sides.

Seaskewer

Here’s the wording of my d!fense. At no point have I admitted driving the Car. I have submitted the DQ and am waiting for a copy of this to be sent back to me, will post once I get it.

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 WalesL

Seaskewer

I spoke to the court, they asked me to email them all the points I have questions to, I haven!!!8217;t sent this yet, interested in your thoughts.


Hi.

I!!!8217;m writing to you today to hopefully resolve some issues i have with the above small claim made against me by BW Legal on behalf of Excel Parking.

The first, and most important is the fact the alleged breach of contract happened in Sept 2012, pre POFA. As such, and given the timescales in between the alleged breach, I can neither remember parking in the car park, nor can I confirm who the driver was at the time.

Secondly, the particulars of the alleged breach are deficient in that they do not give me enough information for to mount a reasonable defence. I have requested further information from Excel Parking and BW Legal but am yet to receive a response.

Thirdly, I am resident in France and do not fall under the jurisdiction of the court in England or Wales. I have made this clear in my DQ, however the case has been scheduled to be heard in Leeds in August. I would like clarification on this point please.


Regards

Coupon-mad

pre POFA.

Means nothing to them, put the Act and Schedule in full, or better still (at this stage) don't even mention it because the court is not asking for (nor can court staff consider) your defence.

I would ONLY ask:

I am resident in France and do not fall under the jurisdiction of the court in England or Wales. I have made this clear in my DQ, however the case has been scheduled to be heard in Leeds in August. I would like clarification on this point please because I understand that I am outside jurisdiction and this was made clear before allocation.