Claim Form for PCN, but Keeper is now abroad

pony57

My mother-in-law has just moved abroad, and her post is redirected to me. I just received a Claim Form for an unpaid PCN issued to her and am unsure of how to proceed. (PCN from Britannia).

I have read the Newbies Post #2 about dealing with a Claim Form, but am not sure how to act on behalf of someone who is no longer in the country.

I understand that an Acknowledgement of Service is the next step, but don't know what my options are with regards to acting on her behalf, getting her signature, etc.

Without any of the previous information about the original PCN, I'm also completely shooting in the dark with regards to a possible defence (I have no idea whether she was ever aware of the original PCN).

I'm not in a position to just pay it off (over £230 now), and neither is she. Ideally I'd like to protect her from a hefty fine and potential embarrassment.

Looking for any advice on next steps!


Thank you.

Umkomaas

Is she permanently abroad?

Which parking company and which solicitor?

Coupon-mad

am not sure how to act on behalf of someone who is no longer in the country.

You can't act on her behalf.

- Does a CCJ matter to her? Not if she isn't coming back to live here for 6 years.

- What's the date of issue, top right of the claim?

and as Umkomaas asked:

- Is she permanently abroad?

- Which parking company and which solicitor?

pony57

Date of issue is 26 Feb. 2019.


Parking Co: Britannia Parking



Solicitor: BW Legal


Length of time abroad is unknown. Could be permanent, but she literally left last week to give it a go.


Don't know how she'll feel about a CCJ. My concern would be either credit issues down the road and/or Attachment of Earnings Order (can this be applied to a pension?). Particularly if she does return.



If I can't act on her behalf, is there some sort of procedure for people out of the country? What happens if they physically can't 'Acknowledge Service'?

KeithP

I don't understand how one cannot "physically can't 'Acknowledge Service'".

Does the Defendant have no mail services or internet access?

The Defendant named on the Claim Form needs to react to the Claim Form.

Time is strictly limited. The Defendant needs to respond to the Claim before Monday 18th March 2019.

Coupon-mad

She should acknowledge the claim on MCOL, ticking the box 'I intend to contest jurisdiction', which she can do online abroad as long as she can set up a Govt Gateway Account or already has one.

Then she can make an application with evidence, to contest jurisdiction based on the fact that her permanent domicile is abroad.

She needs to provide evidence to support that application - i.e. proof of her address abroad including a utility bill, or a long term rental agreement to show she isn't merely on holiday, and copies of any other letters that serve to prove she lives abroad:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part11

pony57

Ok, those are really good points.



I had overlooked using the online service - thanks for pointing that out.



And the point about jurisdiction is interesting. I think it's unlikely that she'll be able to prove permanence abroad, as she's renting, and has only just arrived - so no bills to that address as yet. But if she were able to prove permanence abroad, would that mean there would be no repercussions, even if she were to return?

Coupon-mad

If the court accepts she is outside jurisdiction then the claim is set aside.

What's wrong with merely proving the move with her rental agreement, that must be for a few months at least? And maybe some screenshots of social media where she told friends & family she was moving to xxxxxx?

If she later returned, then I doubt the parking firm would notice, unless they asked a Tracing Agent to locate her (not physically!) every six months or so. Seems unlikely.

The alternative is she does the AOS online and then (like everyone else here, see ANY tediously similar Britannia thread out of dozens right now!) defends the claim instead, but contesting jurisdiction removes it completely if she succeeds with that application.

pony57

Brilliant, thank you. I'll research contesting jurisdiction and see what comes up.

Le_Kirk

pony57 wrote: »

Brilliant, thank you. I'll research contesting jurisdiction and see what comes up.

Go to the NEWBIE section, post # 2 and look for the walkthrough of how to do the AOS and look at THIS, step 9 on page 6/7.

waamo

pony57 wrote: »

Brilliant, thank you. I'll research contesting jurisdiction and see what comes up.

You simply tick a box that asks you if you contest jurisdiction. It's asked by default. You then show evidence of living abroad.

It really isn't rocket science and doesn't need research.