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

WelshGoblin

Thanks for the link Waamo. That case does not say they can't serve by email but rather sets out how on that occasion a claimant failed to follow the CPR rules for serving on a parties solicitor by email without complying with the rules set out in the civil procedure rules.

Stigmaniac, I would suggest that the PPC can serve the papers by email and/or on your German address but it is likely to be more hassle for them as they will have some hoops to jump through. Waamo and Ukomaas both have far more posts and experience on this forum than me and seem to disagree but I can't square their advice with the civil procedure rules at https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06 which includes parts on how to serve by alternative means and outside of the jurisdiction.

beamerguy

Reading that, it looks possible but

1: even if it was served to Germany, the OP still has the right
to defend himself and if meant him coming back top the UK, when he wins, his costs could be claimed.
Let's face it, nowadays with a good defence, more often than not
the PPC loses.
This PPC stands to lose a lot of money over a £100 ticket. That would be pure stupidity

Further on, there is a very interesting point ...

Proof of service before obtaining judgment
6.47 Where

(a) a hearing is fixed when the claim form is issued;

(b) the claim form is served on a defendant out of the jurisdiction; and

(c) that defendant does not appear at the hearing,

the claimant may not obtain judgment against the defendant until the claimant files written evidence that the claim form has been duly served in accordance with this Part.

waamo

WelshGoblin wrote: »

Thanks for the link Waamo. That case does not say they can't serve by email but rather sets out how on that occasion a claimant failed to follow the CPR rules for serving on a parties solicitor by email without complying with the rules set out in the civil procedure rules.

Stigmaniac, I would suggest that the PPC can serve the papers by email and/or on your German address but it is likely to be more hassle for them as they will have some hoops to jump through. Waamo and Ukomaas both have far more posts and experience on this forum than me and seem to disagree but I can't square their advice with the civil procedure rules at https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06 which includes parts on how to serve by alternative means and outside of the jurisdiction.

It says at the very start that service by email is not good service. That is legal speak for you can't do it.

The CPR also says the if email is to be used it has to be agreed upon first. Lord Sumption in the orbiter clearly states that the CPR must be followed in the strictest terms. No wiggle room they MUST be followed.

Unless the op allows it they cannot serve by email and that is exactly what Barton was about.

There is a way of serving papers on the op. For obvious reasons I'm not going to discuss it here though.

Fruitcake

WelshGoblin wrote: »

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.

Address for service is defined as an address where someone can be contacted. They don't actually have to be living at that address. The address does not have to be in the UK.
If the OP has provided the scammers with an address in Germany where they can be contacted, they have fulfilled their legal obligations.

The *scammers* misquoted and changed the wording of the PoFA by adding "UK" and the word "must" in their correspondence.

These are lies. I suggested to the OP that they should complain about this blatant abuse and I stand by this advice.

Just in case the *scammers* are reading this, *scammers* is a word previously used by our MPs in open parliamentary debate concerning this unregulated scam. Other derogatory terms used by our MPs are available.