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

Kamran

Kamran said:

Hi all, this is the final pack that will be sent in a few hours' time. Changes have been made to witness statement structure and draft order FYI. Any last minute suggestions would be grateful within the next 2 hours - much appreciated!
__________________________________________________________________________________________
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 the 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:
I am the Defendant in this matter, I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience. In this Witness statement, the facts and matters stated are true and within my own knowledge, except where indicated otherwise.

 1.      I write to you to kindly submit an N244 form, with a view to striking off the case for claim number ABCDEFGH.

 2.      My name is Joe Bloggs and I have been non-resident in the United Kingdom since xx xx 2019.

 3.      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.

 4.      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.

 5.      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.

 6.      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.

 7.      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.

 8.      For the court’s reference, please find attached:

 a)      The completed N244 form, requesting that the court kindly strikes off case ABCDEFGH

b)      A tenancy certificate as evidence that I reside in COUNTRY and have done so since xx 2019

c)      A copy of letter sent to claimant in May 2020 informing of my non-resident status and new address

d)      Defendant’s schedule of costs with receipts attached

e)      Draft Order

 9.      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. 

10.  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.

 11.  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.

 12.  I am kindly requesting that court order the claimant to pay the defendant’s costs as set out in the defendant’s cost schedule (attached)

 13.  I also kindly request that this case be addressed without the need for a hearing

 

I believe that the facts stated in this Witness Statement are true

 Kind regards,

Joe Bloggs

 __________________________________________________________________________________________

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

Costs

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

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

3.Research, preparation and drafting of documents (3 hours at Litigant in Person rate of £19 per hour) £57.00 

4.Stationery, printing, photocopying and overseas postage: £25.00 

£ 182.27 = TOTAL COSTS CLAIMED

 __________________________________________________________________________________

DRAFT ORDER

County Court Business Centre

Northampton NN1 2LH

Claim Number ABCDEFGH 

Defendant: Joe Bloggs

Vs

Claimant: UK Parking Patrol Office Limited / BW Legal

 District Judge

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

 AND UPON the court noting that the claim form was not served at the defendant’s home address, the defendant having prior to issue, nominated an address for service.

 IT IS ORDERED that:

 1.       This claim ABCDEFGH is unsuitable to be issued as a Money Claim Online, the Defendant not residing within the jurisdiction, as required by CPR PD 7E 4(3A)

 2.       Service of the claim has not been effected as required by CPR 6.8(a)

 3.       Pursuant to the Courts powers under CPR 3.4(c) the claim is struck out for non-compliance with the above provisions of the CPR

 4.       The claimant to pay the defendants costs of £182.27 as set out in the defendant's cost schedule

 5.       Pursuant to CPR 3.1(5) the claimant may apply to set aside or vary this order within 7 days

  ________________________________________________________________________________________

FYI this was the application for strike out

nosferatu1001

1) We have no idea. ASk them. Or show us the order. What we have - a summary - does not help
2) Se eabove. Find out what the hearing is about first. 

Le_Kirk

Kamran said:

Northampton County court were taking their sweet time and when I reached out they told me that the case had only been recently referred to Croydon County Court. I reached out to Croydon asking for an update to my "Application to strike out a claim, with or without a stay" and they said the following:
"Please find attached Notice of Hearing which has been sent to you by post as well."
And it's going to be a telephone hearing in April:
1) Have they totally ignored my application to strike out a claim? or is this their actual response
2) Any suggestions on how to play this? Do I go back to them and ask them to re-review?

When you put Northampton County court do you mean the county court that is situated in Northampton or do you mean the Government centre CCBC based in Northampton?  What is this please?

Kamran

Le_Kirk said:

Kamran said:

Northampton County court were taking their sweet time and when I reached out they told me that the case had only been recently referred to Croydon County Court. I reached out to Croydon asking for an update to my "Application to strike out a claim, with or without a stay" and they said the following:
"Please find attached Notice of Hearing which has been sent to you by post as well."
And it's going to be a telephone hearing in April:
1) Have they totally ignored my application to strike out a claim? or is this their actual response
2) Any suggestions on how to play this? Do I go back to them and ask them to re-review?

When you put Northampton County court do you mean the county court that is situated in Northampton or do you mean the Government centre CCBC based in Northampton?  What is this please?

Thanks -  I suppose I meant the Government centre CCBC based in Northampton!

Kamran

nosferatu1001 said:

1) We have no idea. ASk them. Or show us the order. What we have - a summary - does not help
2) Se eabove. Find out what the hearing is about first. 

Great, let me get back to them with a request for more information. Here is what the order states:

The court has decided that - in the exceptional circumstances of the current national public health emergency - this case should be heard as a telephone hearing. IT IS ORDERED THAT:
The parties should discuss what can be agreed before the hearing. If your case settles or an agreement is reached before the hearing you must immediately tell the court this. 

There's no other information or detail, and nothing that explains the particulars of the claim. I'll go back to them with:
1) Can I get a formal response to my request to strike out the claim?
2) If the court still wishes to proceed then can they send me the particulars of the claim at my postal address? (as I did not receive anything from anyone at my correct address that has been shared with all parties)

Thanks

Johnersh

This is the courts response to your application.

The court won't just decide to strike out the case (it can happen, but it is rare). This case will be dealt with at a telephone hearing, where both sides get to put their argument as to why (or why not) the case should be struck out. 

Do read the Civil procedure rules - free and online. Esp those regarding applications, service, service outside the jurisdiction and strike out. 

This is procedural: we're not interested in the merits of parking, but whether the claim form is correctly issued. The fact is, that if you were not resident, MCOL was the wrong procedure. They either needed permission to serve outside the jurisdiction or (if relevant/available to  them at the time) could have used the EU online claims procedure. 

The absence of particulars or claim form and the failure of the ppc to supply it (assuming you've asked for it once already) probably only helps to highlight the fact it was not served and that the ppc is content that you should be disadvantaged. 

blackdog2220

Johnersh said:

This is the courts response to your application.

The court won't just decide to strike out the case (it can happen, but it is rare). This case will be dealt with at a telephone hearing, where both sides get to put their argument as to why (or why not) the case should be struck out. 

Do read the Civil procedure rules - free and online. Esp those regarding applications, service, service outside the jurisdiction and strike out. 

a telephone hearing , where the UK courts are ringing the defendant at his home phone number in far off land at 3am in the morning 

did common sence go out of the window or are court staff just stupid (dont answer that)
this claim should have been dropped many months ago when the defendan informed the courts he no longer resided in the UK 
the parking co should have had there %sses slapped for bringing the case 

MothballsWallet

@blackdog2220 Do the court service know of this wonderful website called worldtimeserver.com?

Lets you see the time in other places around the world and set up meetings/conference calls across time zones.

#NotSponsored

blackdog2220

quite possably but why would a UK county court wish to hold a phone meeting regarding a ongoing case when the defendant has been livng in  far off land , from a period well before the court papers were served , and the defenddant had informed both the parking co and the court of this fact 

Johnersh

Because the procedure for contesting jurisdiction is always an application. This was always going to happen.

The o/p can always ask for it to be dealt with on the papers / appoint an advocate / seek costs for unreasonable conduct if they cannot take the call out of hours or to reflect the failure to follow proper procedure.