County Court Claim Form

harpen64

Good Morning,
We have received a County Court Claim form for a PCN from Norwich Traffic Control Limited. The vehicle in question was parked next to a service garage at which it was getting some service done. We are no longer the keepers of the vehicle and have since moved from the country. Any advice for moving forward on this issue? We are planning on completing the AoS online today.

Many thanks in advance

Redx

have you read the NEWBIES FAQ sticky thread ? post #2



are you no longer a resident in england and wales ? (living abroad ?)


what is the date of issue on the claim ?


what are the POC on the claim form ?


no longer owning the vehicle is irrelevant, the defendant WAS KEEPER on the date of the incident (s)

Coupon-mad

Did the garage park the car there, or did the driver park where the garage said?

Or did the driver decide to park there, then hand the keys to the service garage?

System

have since moved from the country

Be careful here. If you are no longer in the UK, should you acknowledge service, it will go ahead and heard in your absence. You may wish to contact Gladstones and advise you cannot Acknowledge as you are outside the jurisdiction. (Get proof you told them)

If they then apply for a default CCJ having been told you are outside jurisdiction, there is the issue of them making a statement of truth which is false.

It's risky but it depends if you are likely to return to the UK in the next 6 years.

nosferatu1001

It depends on where they sent the form. I presume you have an address in the UK you could access to pick up mail?

If you had an address for service they can claim food service
In order to contest jurisdiction you will have to send in an application. Costs £100 and must be done within 14 days of hitting the tick box on the MCOL website. You SHOULD be able to reclaim this.

harpen64

Redx wrote: »

have you read the NEWBIES FAQ sticky thread ? post #2



are you no longer a resident in england and wales ? (living abroad ?)


what is the date of issue on the claim ?


what are the POC on the claim form ?


no longer owning the vehicle is irrelevant, the defendant WAS KEEPER on the date of the incident (s)

Thank you for this information. I am actually not a UK citizen but did live in the UK for 3 years. We moved from the country about 3 months ago. We were having our mail forwarded for a short amount of time and that is how we got the letter.

The date of issue is 25 Sep 2018

POC, do you mean particulars of claim? That is 100 GBP for a PCN issued 03/07/2017 at 13:33:07. Also 8.98 in interest and 60 in contractual costs pursuant to terms and conditions.

This is through BW Legal.

harpen64

IamEmanresu wrote: »

Be careful here. If you are no longer in the UK, should you acknowledge service, it will go ahead and heard in your absence. You may wish to contact Gladstones and advise you cannot Acknowledge as you are outside the jurisdiction. (Get proof you told them)

If they then apply for a default CCJ having been told you are outside jurisdiction, there is the issue of them making a statement of truth which is false.

It's risky but it depends if you are likely to return to the UK in the next 6 years.

This is actually from BW Legal. We moved from the country 3 months ago and were having our mail forwarded. Our mail will not be forwarded anymore very shortly. Not a UK citizen, but do return on a regular basis for work. Would this be an issue?

harpen64

Coupon-mad wrote: »

Did the garage park the car there, or did the driver park where the garage said?

Or did the driver decide to park there, then hand the keys to the service garage?

The car was parked there after consulting with the garage owners. It was delivered shortly after 8:00 am on the day of the PCN which was issued at 13:33. As I have returned to the UK for work this week I spoke with the garage owners as I had wanted to get a picture of signage for defense. The signage is no longer in place as it was at the time of the PCN and they are going to pull together a record that the car was there for service and parked with permission. Is this sufficient?

harpen64

nosferatu1001 wrote: »

It depends on where they sent the form. I presume you have an address in the UK you could access to pick up mail?

If you had an address for service they can claim food service
In order to contest jurisdiction you will have to send in an application. Costs £100 and must be done within 14 days of hitting the tick box on the MCOL website. You SHOULD be able to reclaim this.

The form was sent to our previous address in the UK which was then forwarded to our new address outside of the country.
We have no other address available in the UK.

Coupon-mad

The signage is no longer in place as it was at the time of the PCN and they are going to pull together a record that the car was there for service and parked with permission. Is this sufficient?

It will help.

So they served the claim to a UK address that they knew you didn't live at, but did they know they could use it as an address at which you could be reasonably contacted?

harpen64

They used the last known address that we were at. We were forwarding our mail which is about to end. We have no other address. Still trying to decide on the AoS.