BW Legal sending letters but I've recently relocated overseas - do I still need to reply?

Kamran

Hi friends,
I have won in small claims court in the past against an unfair parking charge, so thanks again to couponmad and others who were kind enough to help me (a few years back).

There was another previous claim that I followed forum advice for, responded etc, and it appeared to me that they had stopped pursuing (stopped receiving letters etc.). Now in the first part of 2020, they seem to have resurfaced and it's BW Legal sending me letters. I would ordinarily follow the same steps that helped me win last time, except I now no longer reside in the UK (Since 2019 I've been resident overseas).

I am a UK passport holder and still own property in the UK and perhaps one day might return, but for the foreseeble future (next few years at least) I'm an expatriate. The only reason I know about the letters is that I have mail forwarding set up with Royal Mail and have mail sent to a family member's address for them to review and communcate with me.

I'm really unkeen to go through the whole rigmorole of replying and going through small claims etc, is it sufficient for my family member to reply by post saying that I am no longer resident in the UK?
Much appreciated!

beamerguy

BWLegal are no doubt desperate at the moment

Just get your family member to advise them of your address abroad  and request confirmation of receipt

Umkomaas

You should also send them proof of your overseas address, otherwise anyone could use the 'excuse' of having an overseas address as it can be the silver bullet to kill a case. 

Do it before they issue any formal court proceedings. 

Johnersh

Reply stating:
1. You are no longer resident at (address). This deprives them of the last known address argument
2. Your domicile is now (country) where you are habitually resident. Your authorised address for correspondence and service of proceedings is (address in that country).

It is then up to both parties how they wish to proceed, but service outside E&W is an expense *probably* outwith their business model. 

Coupon-mad

You need to reply, not a third party family member, as they are not the data subject.

Kamran

Johnersh said:

Reply stating:
1. You are no longer resident at (address). This deprives them of the last known address argument
2. Your domicile is now (country) where you are habitually resident. Your authorised address for correspondence and service of proceedings is (address in that country).

It is then up to both parties how they wish to proceed, but service outside E&W is an expense *probably* outwith their business model. 

Silly question, but if I email them this, won't they just start email correspondence? and if I write back to them, won't they wonder how I got the message?

Kamran

Kamran said:

Johnersh said:

Reply stating:
1. You are no longer resident at (address). This deprives them of the last known address argument
2. Your domicile is now (country) where you are habitually resident. Your authorised address for correspondence and service of proceedings is (address in that country).

It is then up to both parties how they wish to proceed, but service outside E&W is an expense *probably* outwith their business model. 

Silly question, but if I email them this, won't they just start email correspondence? and if I write back to them, won't they wonder how I got the message?

having thought about this, it might be a posted letter something like:

"Dear BW Legal Team,
It has come to my attention that I have been sent correspondence at an old address from BW Legal regarding a private parking claim, but have not been forwarded any other details. I would like to inform you that I am no longer resident in the UK. For all future correspondence, please kindly find my new address below:
....
....
....
...."

Half_way

you need to tell them that they must update their records and update your address as a requirement of GDPR

Johnersh

No, you write to them (hard copy). I'm sure they'll write to you. That's different from pursuing proceedings. 

The court rules are clear, court proceedings need to be served by post and permission from the english courts is needed to serve outside the jurisdiction (unless they follow the EU small claims procedure) 

You need to give them an address - you are not hiding from any claim. If they simply decide its not worth the effort to pursue you abroad that's for them.

In order for service of English proceedings to be effective, they need to comply with the service rules pertaining to the recipient nation state. In Switzerland, for example, this means sending the claim to the police station, where the defendant is then obliged to attend and sign for it (a service the claimant is then charged for). 

Obviously there's no absolute guarantee they won't do any of this, but it's a ballache, so they may decide not to. 

zhonguonuren

You need to give them an address - you are not hiding from any claim. If they simply decide its not worth the effort to
pursue you abroad that's for them. 

They may just put the claim in their pending pile and pursue it several years later.   It happened to me as an expat.   Also the debt company claimed it had reasonable belief I had access to mail so be careful there.  No evidence - although it was true plus my name was always on the same property on land registry.  I received the odd reminder over several years.  

I am never surprised at the lengths these organisations will go to.  

Hopefully it will be statute barred before OP’s return or there will be better (some even) regulation.  

D_P_Dance

FWIIW, if they were to pursue this claim at your home address, depending on where you live it could cost them £££££s.