Private parking notice but leaving the country - what to do?

waamo

Papers cannot be served by email. A recent Supreme Court ruling said so. If that's the depth of their understanding of the process I feel sorry for them.

It would cost them more than they could recover. That's if they could even recover anything.

beamerguy

They are turning this into a vindictive attempt

The county court system covers England and Wales and not Germany

Any claim made to a german address will be picked up by the court which will be outside of their jurisdiction.

Even if this does slip through, you have the opportunity to advise the court of this.

As Waamo says "If that's the depth of their understanding of the process I feel sorry for them."

It's flattering they are avid readers of this forum but to go to this extreme effort to collect £100 in such a vindictive way rather suggests that the BPA should sanction them especially as the BPA boasts they are driving standards up, PP are certainly letting the BPA down

WelshGoblin

Waamo or any of the lawyers on this forum, do you know what supreme court decision Waamo is referring to?

At the risk of being seen as sympathetic to the PPC I don't think this is as certain as has been suggested. Part 6 of the civil procedure rules deals with service of papers and suggests that they could serve papers on stigmaniac by email if the court agrees. Further a google search brings up various cases where service has both been rejected but also allowed by the court, including in 2011 where service via facebook to someone in New Zealand was allowed.

I don't know the answer but think this may be more complicated than has been suggested so far.

beamerguy

WelshGoblin wrote: »

Waamo or any of the lawyers on this forum, do you know what supreme court decision Waamo is referring to?

At the risk of being seen as sympathetic to the PPC I don't think this is as certain as has been suggested. Part 6 of the civil procedure rules deals with service of papers and suggests that they could serve papers on stigmaniac by email if the court agrees. Further a google search brings up various cases where service has both been rejected but also allowed by the court, including in 2011 where service via facebook to someone in New Zealand was allowed.

I don't know the answer but think this may be more complicated than has been suggested so far.

I don't think it matters much, the so called offence was in the UK and papers to be served on a UK address under the jurisdiction of a UK court.

The only way to get a positive answer is to contact a county court asking the question "Can I instruct the county court to send a claim to someone in Germany" ?

stigmaniac

Just to update, I now have a POPLA code from PP. They have rejected my initial appeal so I need to know whether they can enforce any action on me as I am leaving the UK. It looks like maybe they can?

Umkomaas

It looks like maybe they can?

If you've permanently (or even long term) left the UK, how are they going to do that?

To pursue through the small claims court they need to issue a MCOL Claim via the CCBC. As far as I'm aware, the CCBC won't issue a claim outside of England and Wales (not even to a Scotland address).

I've not read back through the thread, but have you formally notified them of your address in Germany? If so, and they persist in writing to your former UK address, then it's a omplaint to the BPA, the DVLA and the ICO.

twhitehousescat

stigmaniac wrote: »

Just to update, I now have a POPLA code from PP. They have rejected my initial appeal so I need to know whether they can enforce any action on me as I am leaving the UK. It looks like maybe they can?

perhaps you need to delete email / phone contact on POPLa , and clearly state your full name AND FOREIGN ADDRESS

;ets see of popla actually read appeals

they only way they will be able to tell you of win/loose is by MAIL

WelshGoblin

Umkomaas wrote: »

If you've permanently (or even long term) left the UK, how are they going to do that?

To pursue through the small claims court they need to issue a MCOL Claim via the CCBC. As far as I'm aware, the CCBC won't issue a claim outside of England and Wales (not even to a Scotland address).

I've not read back through the thread, but have you formally notified them of your address in Germany? If so, and they persist in writing to your former UK address, then it's a omplaint to the BPA, the DVLA and the ICO.

The suggested complaint to the BPA, DVLA and ICO would be interesting if it wasn't so potentially serious for stigmaniac. We are told above that he has not yet moved to Germany but is due to do so "in the new year." So if he has notified the PPC that he has moved then he has lied to them and presumably, if they are quoting this thread, they are aware of that. If he hasn't given them the German address yet, then where else would they be writing?

So is his complaint that they didn't write to or update an address they know he is not yet at or that they failed to update details they haven't been given? I would be very hesitant to make either complaint as both seem very ill advised.

twhitehousescat

as he has just received his POPLa code he has 31 days?? to reply , by which time he will be abroad , , post the letter to popla with a gatwick postmark , and inform parking co of new address (std first class post with proof of posting AND by recorded / signed for marked "check enclosed")

when popla adjudicate they will only be able to reply to foreign address , this will leave one hell of a paper trail should they be foolish enough to start court action

waamo

WelshGoblin wrote: »

Waamo or any of the lawyers on this forum, do you know what supreme court decision Waamo is referring to?

At the risk of being seen as sympathetic to the PPC I don't think this is as certain as has been suggested. Part 6 of the civil procedure rules deals with service of papers and suggests that they could serve papers on stigmaniac by email if the court agrees. Further a google search brings up various cases where service has both been rejected but also allowed by the court, including in 2011 where service via facebook to someone in New Zealand was allowed.

I don't know the answer but think this may be more complicated than has been suggested so far.

Here you go https://www.bailii.org/uk/cases/UKSC/2018/12.html