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

Kamran

Next steps for me would be:

1. Draft an email to the court stating that my N244 form and supporting docs are attached for case ABCDEFGH
2. Convert Witness statement into a pdf and attach to the email
3. Attach N244 form
4. Attach evidence of overseas residence
5. Attach pdf copy of letter sent to BW Legal back in May 2020
6. Do I need to attach receipts at this stage? (£100 N244 form fee, phone call, any other costs to reclaim e.g. my time?)

Given that I've already gone through the process of paying the £100 N244 form fee, I don't see the need to email BW Legal? would rather "catch them off guard" with a letter from the court rather than a preemptive email from me?

Thanks all

Half_way

Kamran said:

Half_way said:

Just to get this right, you moved overseas, informed all parties of your new address, yet they continued to use the old out of date personal data ?

Correct. Except the order is:
1. moved abroad
2. got a letter at an old address (they weren't to know I suppose)
3. responded that i've moved abroad and here's my new address
4. County court letter sent to another old address

If they failed to update their records, then you may have a case against them for a breach of GDPR (aka data protection) GDPR states that personal data held must be accurate.

 I would get in touch with them, and remind them that you informed them of your new address, and personal details, and then  despite this they still sent correspondence to an old address using old inaccurate details which is a direct  contravention of GDPR (regulations) and as a result of their failure to comply with a basic part of GDPR you are now at a disadvantage.

You should also report this to the Information commissioners office (ICO) as a breach.

From there there should be the following options:

If they drop then case against you, you will not charge / seek aciton against them for a GDPR breach

buggerit, and go for them under GDPR anyway - as well as the car park owner as principal

if they still press on regardless, put in a counter claim, or a separate claim for a GDPR breach jointly against both the car parking company, and the car park owner ( as principal)

Coupon-mad

3) What order are you asking the court to make and why?
- I would kindly ask the court to strike out this case on the grounds that I have not been provided any documentation at my correct address provided to the claimant.

Surely the answer to that question is simply:  I live in xxxxxx (country and the Claimant knows this is my permanent domicile (evidence attached) and I wish to contest jurisdiction.

Kamran

Coupon-mad said:

3) What order are you asking the court to make and why?
- I would kindly ask the court to strike out this case on the grounds that I have not been provided any documentation at my correct address provided to the claimant.

Surely the answer to that question is simply:  I live in xxxxxx (country and the Claimant knows this is my permanent domicile (evidence attached) and I wish to contest jurisdiction.

Thanks - will have a final review in the morning and send

Coupon-mad

Wait, we haven't looked at it yet  - show your latest version again in a new reply. Make sure you tick 'without a hearing',

Kamran

I haven't done any more work on it since my posts a few hours ago - the posts above are still the latest content / versions. Thanks so much for your support! Feedback very much appreciated!

Kamran

Kamran said:

The N244 form is the same as this:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/732360/N244_web_0818.pdf

I'd be grateful for advice on how to fill this form in a way that it doesn't get returned with errors. In particular, good wording for the following questions (my suggested responses in bold):

3) What order are you asking the court to make and why?
- I would kindly ask the court to strike out this case on the grounds that I have not been provided any documentation at my correct address provided to the claimant
4) Have you attached a draft of the order you are applying for?
No
5) How do you want to have this application dealt with?
Without a hearing
6) How long do you think the hearing will last? Is this time estimate agreed by all parties?
N/A
7)  Give details of any fixed trial date or period
N/A
8) What level of Judge does your hearing need?
N/A
9) Who should be served with this application?
(Claimant details) - UK Parking Patrol Office (not BW Legal)
9a) Please give the service address, (other than details of the claimant or defendant) of any party named in question 9.
(Claimant details) - address of UK Parking Patrol office (not BW Legal)
10) What information will you be relying on, in support of your application?
The attached witness statement (i.e. my cover letter)
11) Signature and address details
My correct overseas address with correct email address

Thanks again all

The form and my suggested answers

Kamran

Kamran said:

Here is the updated Witness Statement (aka Cover letter) that I intend to send by email. Would be grateful for your feedback:
--------
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FAO: County Court Business Centre, Northampton

Witness Statement for Claim Number: ABCDEFGH

I write to you to kindly submit an N244 form, with a view to dismissing the case for claim number ABCDEFGH. My name is Joe Bloggs and I have been non-resident in the United Kingdom since xx/xx/2019.

It was brought to my attention in May 2020 by the new occupiers of my former address (postcode ABCD) that they had received a letter from BW Legal stating a claim against me on a private parking matter. I wrote to BW Legal on xx May 2020 (from abroad) stating that I was no longer resident in the UK and I provided my current, overseas address for all future correspondence. I have not received any correspondence at my correct address.

I have today been informed by the occupiers of a different former address (XYZQ) that I have received a Northampton County Court Claim Form (ABCDEFGH) issued on 27th October 2020. I have not been shared any other particulars of the claim form.

BW Legal did not acknowledge my issuance of a letter that I no longer reside in the United Kingdom and details of my correct overseas address and have instead chosen to pursue County Court involvement. I would kindly ask the court to dismiss this matter on the grounds that I have not been provided any documentation at my correct address and that therefore the Claimant has not provided the Court with accurate information, which I believe amounts to misleading the court.

For the court’s reference, please find also attached to this email:

1.     The completed N244 form, requesting that the court kindly dismisses case ABCDEFGH

2.     A tenancy agreement as evidence that I reside overseas

3.     A copy of my letter sent to BW Legal on xx May 2020 informing them of my overseas status

I also kindly request that the court order the claimant pay the defendant’s costs (£100 = N244 form, phonecall to Court = £0.27)

I have sent a copy of this letter to BW Legal for their records, and I intend to lodge a complaint with the Information Commissioner's Office (ICO) and the Solicitors Regulation Authority (SRA) as their unwillingness to contact me on this matter directly and their attempt to mislead the court should be investigated.

Kind regards,

Joe Bloggs

Latest wording of Witness Statement

Coupon-mad

3) What order are you asking the court to make and why?
- I would kindly ask the court to strike out this case on the grounds that I have not been provided any documentation at my correct address provided to the claimant and that I am contesting jurisdiction because I do not live in the UK and the Claimant's legal firm knew this, in May 2020.

Johnersh

And obviously the claim form has not been served under the requirements of 6.8a CPR (assuming the address provided was within an EEA state).

The point is obviously that the English courts can have carriage of the proceedings, but they must be correctly served. 

This may help:
 https://www.charlesrussellspeechlys.com/en/news-and-insights/insights/litigation--dispute-resolution/2019/the-importance-of-service-dodging-a-procedural-death/

Note that there is nothing to stop the claimant re-serving at the address abroad (albeit they need permission) so long *as the existing claim form was issued within the Last 4 months*. They can also issue an entirely fresh claim, provided limitation has not expired. 

All a tad expensive to apply for service out of jurisdiction. One must be drawn to the conclusion that the claimant was lasily hoping to secure default judgment (and this is why you might like to try attaching a draft order and seeking costs). Copies of the pre-action correspondence might help. If so, those can be appended to your witness statement. The PPC was on notice that you were not at that address and had a current address.  There's no suggestion they did not know where you were or that you were seeking to avoid proceedings. You could even try to have the application addressed on the papers without a hearing if the point is obvious. The fee is cheaper too. 

They could also have applied to serve the claim by alternate means - email, Facebook, Twitter have all been permitted in the past.