Claim letter whilst on deployment

Cashmeout93

Hi - wondering if anyone can help. 

I’m currently in the military on deployment and I’ve had a frantic phone call from my mum (whom I live with when I’m home) saying I have a claim letter from DCB legal on behalf of cp t/as group nexus. The court business centre said they couldn’t provide advice or give her any info. 

I have 14 days to respond (letter dated 13th). I have no idea what the parking incident relates to, I have never received a pcn but mum opened more mail and there was a letter before claim saying that it concerned parking in 2020. The only thing I can possibly think of was that I pulled over in a services in 2020, feeling really unwell and slept it off. I was concerned with getting off the road at the time and didn’t think too much of it. Other than that, I’m at a loss. Mum keeps all my Mail so I fail to see how I’d have missed this pcn. The thread is really helpful regarding how to defend but I don’t always have access to email. Can I write to a judge and ask my sister be my spokesperson, do all the admin on my behalf? I’ve put an access request in but tricky to write my defence without knowing where or when this was. 

Thanks in advance. 

Johnersh

STOP.  If you are a f/t soldier There are special rules for service of proceedings upon military personnel, precisely because they may be on deployment.

If you are content to be difficult, your mother could write to the parking company and let them know that you are not resident at that address and invite them to follow the procedure at Annex to part 6 CPR, PD 6A which will require them to write to the MoD to locate you. I might be inclined to post a copy to the court too.  **do not complete an acknowledgement of service accepting service, if you choose to do this - you should complete it contesting jurisdiction and make an application to contest jurisdiction on the basis that service is defective**

The paralegals doing these claims are geared to do easy bulk claims. This will be difficult for them and costly. 

Incidentally there are no rules permitting forces personnel more time etc, but you can expect the court to be sympathetic to those requirements. 

Your alternative would be to accept service, and try and get assistance with paperwork from your mother. That would be easy for the claimant, but not necessarily any easier for you, as you may still be in a field with an SA80 when stuff needs to be done. 

Coupon-mad

 Just to repeat Johnersh's knowledgeable advice so we don't post the usual stuff:

**do not complete an acknowledgement of service accepting service, if you choose to do this - you should make an application to contest jurisdiction on the basis that service is defective**

Cashmeout93

Thanks very much. I thought there may be something around this but my advice line said there wasn’t and I couldn’t get through to citizens advice. 

I’ll do what you’ve said. Thank you. 

Cashmeout93

The claim form having been sent - would writing to the parking company suggesting they locate me be of any use or should she write to the solicitors and business court? Sorry for the questions. 

Umkomaas

The parking firm are being represented by solicitors, so everything relating to the court claim should be direct with the solicitors. You could cc the parking firm, who might feel that the case is becoming too complicated and instructs the solicitors to issue a notice of discontinuation - hopefully!

Coupon-mad

But if the family follows that option, remember that YOU don't do anything.  @Johnersh (who is a solicitor but not here to give actual legal advice) mused that your mother could do it.

The other option was spelled out by J as well.  You could acknowledge and defend the claim (that's all online and by email at this stage and would be you, not Mum) but if you do that it becomes 'live'.

As J warned, you could then find yourself in a sticky situation of later not being able to comply with court directions, submit evidence or attend the hearing.  If you miss a deadline entirely you could find added costs ordered against you as well as losing the case in your absence.

What we would never do, is just pay it for an easy life.

Trainerman

Cashmeout93 said:

Thanks very much. I thought there may be something around this but my advice line said there wasn’t and I couldn’t get through to citizens advice. 

Citizens Advice have some very helpful people, but unfortunately they are not clued up at all on this subject.

I would always follow Johnnersh/Coupon Mad/Umkomaas on this subject. They are FAR more in the know

Cashmeout93

Apologies for my poor comprehension. I have had them emailed referring to rules @Johnersh stated. I then created a portal to claim outside of jurisdiction. I have done this but this says that the aos was submitted! Is this now live? The courts have been copied into the email re procedures for location. 

Do I leave as is or have I inadvertently made this live? 

Coupon-mad

Show us what the MCOL record says?

You were not meant to respond if you were taking this option. Mum was.  If you did it (in your name) then as I explained, that's the same as you acknowledging the claim.

If so, then you'll have to defend it.

Cashmeout93

you should make an application to contest jurisdiction on the basis that service is defective**  So I read this as go in and contest on the portal. That’s what I asked my mum to do for me. She clicked contest jurisdiction (you couldn’t give reason) and she signed as litigant friend but online it now says acknowledgement of service submitted. I’m really gutted I’ve messed it up. 

Courts were emailed and solicitors stating the above rules but I panicked that doing nothing re the claim form side of it would be bad. I didn’t realise I was acknowledging service.