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

Coupon-mad

you might like to try attaching a draft order and seeking costs.

Good point.

Kamran

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).

Thanks - what do we mean by a draft order? In terms of seeking costs, should I just list the costs and attach receipts for what I have incurred (£100 N244 fee, £0.27 phonecall) - anything else? Is there anything around "my time"?

D_P_Dance

Thanks - what do we mean by a draft order? 

You really should be reading other peoples' threads to find the answers to these questions.  If this goes to court a judge may ask your questions about your submissions iand will expect you to know the answers.

Kamran

D_P_Dance said:

Thanks - what do we mean by a draft order? 

You really should be reading other peoples' threads to find the answers to these questions.  If this goes to court a judge may ask your questions about your submissions iand will expect you to know the answers.

This is the draft order I've come up with - would be grateful for your feedback. My intention is to email all documents to the court by 4pm today ideally. Thanks again all for your support:
----

Draft Order

In the County Court at Northampton

 UK Parking Patrol Office Limited (Claimant)

And

Joe Bloggs (Defendant)

 

District Judge

 

 

UPON reading the Defendant's application dated 2nd November 2020 and the annexed witness statement of Joe Bloggs dated 2nd November 2020

 

IT IS ORDERED that:

 

1.       The Claim Number ABCDEFGH dated 27th October 2020 be set aside

2.       Costs to be reserved

3.       Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on 10th November 2020, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £182.27 and the claim shall be struck out.

4.       If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on 24th November 2020.

5.       Should the Claimant discontinue the Claim after the claim number ABCDEFGH has been set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £182.27 plus the Defendant's costs for attending the hearing.

6.       That all enforcement be put on hold pending the outcome of the application.

----

Did I get the dates roughly right? Court letter is dated 27 October. I've said they need to response 2 weeks later, by 10th November, and defendant would need to respond by a further 2 weeks, 24th November.

Thanks

Le_Kirk

Just leave the dates (apart from your claim dates) blank and the judge will fill them in.

Kamran

Le_Kirk said:

Just leave the dates (apart from your claim dates) blank and the judge will fill them in.

Thanks

Kamran

Hi all, this is where I'm at:
__________________________________________________________________________________________
DRAFT EMAIL:
Dear Northampton County Court team, please find attached the following documents, in relation to Claim ABCDEF:

1. N244 Form
2. Witness Statement
3. Evidence of Overseas status
4. Schedule of costs with receipts
5. Draft Order
6. A copy of the letter sent to claimant in May 2020 informing them of my non-resident status and new address

I would be grateful for confirmation of receipt.
__________________________________________________________________________________________
N244 FORM:
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 the correct address provided to the claimant. I am contesting jurisdiction because I do not live in the UK and the Claimant's legal firm knew this, in May 2020.
__________________________________________________________________________________________
WITNESS STATEMENT:
Witness Statement for Claim Number: ABCDEFGH

I write to you to kindly submit an N244 form, with a view to striking off 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 a former address (postcode XXXXXX) that they had received a letter from the claimant stating a claim against me on a private parking matter. I do not know the particulars of the claim. I wrote to the claimant’s legal team on 12th 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 since not received any correspondence at my correct overseas address.

I have today been informed by the occupiers of a different former address (YYYYYY) that I have received a Northampton County Court Claim Form (ABCDEFGH) issued on 27th October 2020.

The claimant’s legal team 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 strike off this case 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 the accurate information which they knew, which I believe amounts to misleading the court. I believe that the claim form has thus not been served under the requirements of 6.8a CPR. 

For the court’s reference, please find attached:

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

2.       A tenancy certificate as evidence that I reside in COUNTRY and have done so since XX/2019

3.       A copy of the letter sent to claimant in May 2020 informing them of my non-resident status and new address

4.       Defendant’s schedule of costs with receipts attached

5.       Draft Order 

I have sent a copy of this letter to the claimant’s legal team for their information, 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 and it is clear to me that they are in breach of GDPR. 

Lastly, I would like to make clear to the court that I actively engaged the claimant (even though documentation was sent to an old, inaccessible address) and there is no suggestion that I was seeking to avoid proceedings. One must be drawn to the conclusion that the claimant was lazily hoping to secure default judgment by continuing to use an old, inaccessible address and not the correct address that I shared with them in May 2020. For this reason, I am also kindly requesting that court order the claimant to pay the defendant’s costs, and that this case be addressed without the need for a hearing.

 __________________________________________________________________________________________

SCHEDULE OF COSTS WITH RECEIPTS

Northampton County Court

Case Number: ABCDEFGH

Date: 02/11/2020

 Defendant: Joe Bloggs

Vs

Claimant: UK Parking Patrol Office Limited / BW Legal

DEFENDANT’S SCHEDULE OF COSTS 

Ordinary Costs

Cost of N244 form application through the county court, £100 (receipt attached)

Cost of overseas phone call to County Court Business Centre. £0.27 (receipt attached)

Further costs for Claimant’s unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g) 

Research, preparation and drafting of documents (3 hours at Litigant in Person rate of £19 per hour) £57.00 
Stationery, printing, photocopying and overseas postage: £25.00 
£ 182.27 = TOTAL COSTS CLAIMED

 ________________________________________________________________________________________

DRAFT ORDER
In the County Court at Northampton
Claim number: ABCDEFGH

UK Parking Patrol Office Limited (Claimant)

And

Joe Bloggs (Defendant)

 District Judge

 UPON reading the Defendant's application dated 2nd November 2020 and the annexed witness statement of Joe Bloggs dated 2nd November 2020

 IT IS ORDERED that:

 1.       The Claim Number ABCDEFGH dated 27th October 2020 be set aside

2.       Costs to be reserved

3.       Unless the Claimant serves a copy of the Claim Form on the Defendant by 4 pm on_____________ paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £182.27 and the claim shall be struck out.

4.       If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on _____________

5.       Should the Claimant discontinue the Claim after the claim number ABCDEFGH has been set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £182.27 plus the Defendant's costs for attending the hearing.

6.       That all enforcement be put on hold pending the outcome of the application.

  ________________________________________________________________________________________

Thanks again all - feedback appreciate before this is sent later today

KeithP

I am pretty sure that Draft Order is not right for your situation.

For example...
why does para 1 request a set aside?
why does para 5 mention a 'set aside'?
what 'enforcement' are you talking about in para 6?

Other paragraphs are inappropriate too.
Perhaps wait for others to comment on that before sending.

Kamran

KeithP said:

I am pretty sure that Draft Order is not right for your situation.

For example...
why does para 1 request a set aside?
why does para 5 mention a 'set aside'?
what 'enforcement' are you talking about in para 6?

Other paragraphs are inappropriate too.
Perhaps wait for others to comment on that before sending.

Thanks - one of the comments suggested I read through some other posts to work out what a draft order was, and there were 3 threads I could find that had a detailed draft order to look through so I merged what I could find. I guess the draft order in those circumstances is referring to a court order that had already been made, whereas I'm preemptively striking.

Ordinarily I'd spend a good few days researching all of this, like last time when I physically was taken to court (and I won), but given the time restraints here, I'm looking to submit ASAP.

Thanks again all

Le_Kirk

It's the judgment you want set aside not the claim.