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VCS ANPR ticket LBC received

13

Comments

  • sebastianvettel
    sebastianvettel Posts: 19 Forumite
    Sixth Anniversary 10 Posts
    Johnersh wrote: »
    One for Gordon to deal with:

    http://www.civillitigationbrief.com/2014/07/02/service-of-the-claim-form-can-be-a-problem-for-defendants-too-act-promptly-or-you-have-accepted-jurisdiction/

    Basically you may have to spend some money up front...

    Looks like I have to book a barrister for my case.
  • System
    System Posts: 178,375 Community Admin
    10,000 Posts Photogenic Name Dropper
    Just write back and inform them of the new address and get proof you told them. This is LBCC stage and not many actually get to a claim. At the claim stage you can decide if you want to contest jurisdiction but you are not at that stage yet.

    They may even know they don't have the basis of a claim but it doesn't stop them sending out a LBCC.

    There is no need to reply but if you do reply - and this is a non-POFA ticket, it would help to provide evidence you were not driving. Otherwise just advise of the new address.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • sebastianvettel
    sebastianvettel Posts: 19 Forumite
    Sixth Anniversary 10 Posts
    IamEmanresu wrote: »
    Just write back and inform them of the new address and get proof you told them. This is LBCC stage and not many actually get to a claim. At the claim stage you can decide if you want to contest jurisdiction but you are not at that stage yet.

    They may even know they don't have the basis of a claim but it doesn't stop them sending out a LBCC.

    There is no need to reply but if you do reply - and this is a non-POFA ticket, it would help to provide evidence you were not driving. Otherwise just advise of the new address.

    Thanks for the reply but I can confirm it's court stage now as a claim form was delivered to the previous address. (Just get it updated to main thread sorry.)
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    SO you need to dispute jurisdiction in your acknowlledgement, and file an application within 14 days of doing so. Costs £100 as it does not need a hearing

    Include with yoru application proof that you sent VCS your new address for service BEFORE they issued the claim.

    Ask the court to order the claim is struck for being improperly served AND for you being out of jurisdiction, and for your costs to be repaid.
  • System
    System Posts: 178,375 Community Admin
    10,000 Posts Photogenic Name Dropper
    Missed that

    You can accept jurisdiction and have the whole case done by email and "papers only". You believe you have a strong case, so a "papers only" / non attending case is no big deal. But it depends on the amount they are claiming and why.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Given they do not live in the UK, I would dispute jurisdiction
    VCS should get their asses handed to them for knowingly filing against a bad address.
  • sebastianvettel
    sebastianvettel Posts: 19 Forumite
    Sixth Anniversary 10 Posts
    Thanks, guys. I'm going to fill out the forms and get it returned. However, do you think it's another way to get this letter returned by my friend, and telling them that I've already moved out?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    You can do the form ONLINE, hence moneyclaim ONLINE :)

    No, you cannot just say "not at this address". THe court will ignore it and just award a default.
  • sebastianvettel
    sebastianvettel Posts: 19 Forumite
    Sixth Anniversary 10 Posts
    Will that makes them think that I'm still at this address? (As I've moved out, I shouldn't receive this letter)
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    No, because you will be contesting jurisdiction because you are not at the address, or anywhere in side the England and Wales court

    HOW you know abou tth eform is documented on this forum.
This discussion has been closed.
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