NCP/BW Legal Court Summons

RedMoon

It's been a relief to read all the advice and hope you the veterans could provide insight into a couple of questions I have.
Quick account: Drove into a city NCP car park, queued for 5 minutes waiting for a space, someone nearly backed into me, so we had a bit of an altercation and exchange of words, as a result frustrated drove off to shop in a local Tesco instead with a free parking. I park in one of the 2 neighbouring carparks every now and again and pay always by phone. Never received a parking ticket from that location before. Unbeknownst to be they installed ANPR, within 2 weeks the registered keeper received a parking charge for a period of 17 minutes during which I first entered and then left the car park without parking. I appealed online stating that I stayed only 15 minutes or so, never parked as awaited a space available, never left the vehicle. Never received a reply by mail so forgot about it. Been away recently travelling for few months, returned a couple of days ago to find a letter from BW Legal informing me that they have issued Court Summons for non payment. Panicked a bit, looked at the acknowledgement of the appeal from 14th of February 2018 and after searching for any correspondence from NCP found a rejection letter in my Spam folder including POPLA code, however I can't use it now.
I can't find any pre-action letter from BW Legal in my pile of mail collected by a friend during my absence.
Not worried about defending myself in the Court as they have no proof I parked the vehicle and I definitely did not. I have identified myself as a driver through in the appeal, the registered keeper is someone else. All the help and direction is here to help should I choose to go through with the Court case.
My hesitation is whether to start the Legal process, as I am due to leave the UK soon in the next 6-8 weeks for approx 2 years of traveling and working away. What happens if the allocation questionnaire comes and I cannot attend the court case for 2 years? What other avenues are open to me to close this off and go travelling worry free, other than pay the extortionate £250 for entering the car park for 17 minutes! Employing a solicitor to represent me would be hugely expensive, so not an alternative. I don't believe I would be able to recover my costs, would I?
Any advice gratefully received.

Coupon-mad

My hesitation is whether to start the Legal process,

They have already started it!

Contest jurisdiction - your permanent domicile is now abroad. Look at the paperwork you have been sent re the claim.

RedMoon

Thank you for responding. Indeed they have, I phrased it badly, whether to start the defence and contest the claim.
I haven't left yet, still have an address in the UK (although strictly speaking my husband owns the property) and will be travelling by sea mainly so "no fixed abode" as such. Is jurisdiction still applicable? It is more of a practical problem, as won't be able to respond promptly and may be difficult to come back for any hearing. Do you still think jurisdiction is worth contesting? However, I do own a property abroad in the EU, where my parents still live, perhaps there is base to claim non-domicile. I have lived in the UK for 10years+ though and I pay taxes here, but don't hold a British passport.

waamo

You have two choices. Make arrangements to have all the paperwork get to you and respond within the appropriate timescales or contest jurisdiction.

It's your choice but faced with traveling back to the U.K. and not being able to claim expenses for it I know what I would do.

RedMoon

Thank you. Would you happen to know what happens next after I contested the jurisdiction? I need to provide proof, do you now the standard of proof, feel it's beyond my knowledge, but will research.
Travelling back to the UK for a hearing is not an option. The third choice I guess remains to pay the extortionate charge. Paid a lot more unreasonable extortionate overseas "charges" in my life, it just ain't feel right to do so in my own country where I pay taxes already.

RedMoon

I'm sorry about another question. Does the Defendant need to provide proof to contest the jurisdiction or the Claimant?

waamo

Actually yes, paying it is a third option but I have no idea why you would consider that.

You said you had a foreign address you can use. Give them that address as they may (or may not) contact you for confirmation.

I seem to recall (it was a long time ago so I will caveat it by saying my memory may be wrong) that they didn't bother contacting a Scottish resident so it's possible you won't hear anything.

RedMoon

Thank you Waamo. Where is the burden of proof on jurisdiction - on the Defendant or the Claimant, would you know? I found an article: (can't post a link yet) which would indicate I would have to provide proof as a defence after ticking the no jurisdiction box within the next 14 days. I would be ever so grateful if you may be able to share your knowledge of the procedure.

waamo

No idea sorry. It's such a rare event I haven't come across it much. If you have evidence (like a foreign passport) take copies to use just to be on the safe side.

RedMoon

Well, after some research for EU Defendants the recast Brussels Regulation (Regulation (EU) No 1215/2012) apply. Copied and pasted, as cannot post a link or upload.
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The general rule under article 4 is that a person domiciled in a Member State must be sued in the courts of that Member State, unless another Member State has jurisdiction under the recast Brussels Regulation. Where the defendant is not domiciled in England and Wales but is domiciled in another Member State (Box 6), the English court can proceed only if it has jurisdiction under some other provision of the recast Brussels Regulation. The English court cannot take jurisdiction under common law rules (eg based on the defendant’s temporary presence within the jurisdiction) where the defendant is domiciled in a Member State.
Where the defendant is domiciled in any Member State, the rules of “special jurisdiction” in articles 7 and 8 allow the defendant to be sued in the courts of another Member State in certain circumstances, as an alternative to the Member State of domicile (see Boxes 7 to 14 and Assumption vii).
Where the contract is for the sale of goods or the provision of services, the place of performance of the obligation in question is the place in a Member State where the goods/services were, or should have been, delivered/provided.
The phrase “matters relating to a contract” has an independent EU meaning. The classification of the claim under national law is irrelevant. The requirement is that the claim must relate to a contract. It does not have to be a claim for breach of contract in order to fall within article 7(1).
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The key question is: does the NCP claim relate to a contract or is it Common Law? If the former - English Courts would have jurisdiction if the latter - they would not.
The Claim reads:
"The Claimant Claim is for the sum of £xxx being monies due from the Defendant to the Claimant in respect of a PCN for a parking contravention which occurred on....... in a private car park/land located at etc in relation to a vehicle xxxx. Despite Demand having been made, the Defendant has failed to settle their outstanding liability.
I am required to provide a defence proof to contest the jurisdiction, and I need to make it viable. Therefore as a person non-domiciled in the UK, but in another EU country, the key question is - can I show that the claim relates to Common Law rather than Contract? I have not entered into any contract with NPC as I have not parked. They may claim otherwise, is parking charge contravention contract law or Common Law? It is certainly not Tort, right? I am sorry to throw such difficult questions, but if anyone has knowledge or experience I would be most grateful for pointers.

nosferatu1001

COntract law

IF you contest jurisdiction you MUST foloow it up with an application (£100) within 14 days, otherwise your contest will be ignored.

You msut demonstrte you are outside the jurisdiction. Giving an oversaesa service address as your most current address would do, and add that you will as of X be at sea for Y purpose and unable to travel to the UK court