HighView Parking Notice of Claim

Craackling86

Hello,

I have just received a new claim form from the CCBC.  I live in the UAE and the form takes time to reach me.  the form is dated 27th May 2022.

Thank you

D_P_Dance

Please read the newbies.  

Fruitcake

It is not a fine.

Was this a letter before/of claim, or a claim form from the CCBC?

You need to send a correction notice to the DPO of Highview/Group Nexus instructing them to erase your old data and replace it with your current address for service. Do this asap, and ensure you use the word I have highlighted.
You will need to include non-photo proof of ID, and proof of your new address.

You should also send the same to their solicitors if the notice was from them.

What happened when you complained to the landowner? That is always Plan A.

Read the guide to court written by bargepole that you will find in the second post of the NEWBIES Announcement on the main parking forum page, one click back from this page.

Ensure that you use your current address when completing the AoS, and in any and all correspondence from now on.
Do not put anything in the defence box when you complete the AoS. Absolutely nothing.

You are out of jurisdiction of the UK courts, but it may take a while for the penny to drop.

Craackling86

Thank you for the reply. 

I understand the terminology sorry for the slip up.

This is a claim for from CCBC.  This is the first we have heard about the Claim, we have been out of country for a number of years.  The event was a few weeks before we left.

I have done the SOA and they have replied asking for the following and for me to fill a form in:
•        Passport or driving licence
•        Utility Bill
•        Confirmation from the DVLA that you were the registered keeper of the vehicle on the date in your request.

Is that required? Being in the UAE everything goes through my husband and i don't have anything in my name other than my UK passport and Emirates ID, i have no Utility bill in my name, no proof of address.

I will do as you suggested above regarding the addresses (even though there isnt really a postal service in the UAE).

Thank you again

Le_Kirk

Craackling86 said:

I understand the terminology sorry for the slip up.

I have done the SOA and they have replied asking for the following and for me to fill a form in:
•        Passport or driving licence
•        Utility Bill
•        Confirmation from the DVLA that you were the registered keeper of the vehicle on the date in your request.

Is that required? Being in the UAE everything goes through my husband and i don't have anything in my name other than my UK passport and Emirates ID, i have no Utility bill in my name, no proof of address.

Do you mean SAR or AoS?  It is most unusual for the CCBC to require that info when completing the AoS.

Craackling86

my apologies Highview/Nexus have requested this when i did the SAR.  I have done the AoS using my current address and details.  I have also contacted everyone required instructing them to erase my data and update with new data.

Thank you

Fruitcake

The important part is to inform the UK courts of your current address for service, which you have already done with the AoS, and hopefully it will eventually get picked up and then kicked out for being outside the England and Wales court jurisdiction.

As for your SAR, this is of lesser import, so don't worry too much about it if you can't supply the information they require, or the ICO say you should provide. You could point out that the ICO say that asking for photo' ID is not reasonable because they have nothing to compare the image with.

From memory, a passport does not have your address on it. You could send a redacted copy minus DoB, and photo', and any other personal data, but I don't understand what they think it will achieve.
Having said that, it should show a stamp when you entered the country, and no stamp for re-entering the UK, so you could do that with an accompanying explanation, as long as you include copies of every page.

The second part is a bit complicated, considering the UAE laws, but I wouldn't worry about it. Perhaps you could send a copy of the relevant UAE law. It would be up to you if you want/are able to provide anything else such as a witness statement from your husband, who must state that he is not the defendant, and was never the driver or keeper, and he is acting on your behalf, a copy of your wedding certificate, and a letter stating he is authorised to act on your behalf in accordance with UAE law.

Is there anything you are allowed to set up in your own name such as a post office box?

Could the UK Consulate issue a letter stating you are resident in the UAE at X address?

You don't have to prove you were the registered keeper of the vehicle at the time of the alleged event. If they are pursuing you as keeper, they should already have that info themselves from the DVLA. I don't see how they can pursue a claim if they have no proof it was you.

As I said, hopefully all of the info' about a SAR will become insignificant at some point once the court picks up on your location, so I wouldn't put too much effort into it.
The info' received following a SAR is useful at the WS stage, which hopefully you will never reach.

Craackling86

Thank you for the information.

Coupon-mad

Was the claim sent to a UK address?

Craackling86

Yes but this was pure coincidence that our tenants of the property we used to live in moved out the day before the letter arrived and contractors passed the letter onto us.  We received nothing previous.

Fruitcake

Thinking about this further, it might be worth sending a letter by post to the claimant and/or their solicitors now, pointing out that you live overseas and therefore outside the UK's court jurisdiction, therefore they should cancel the charge now and discontinue the claim as they have no prospect of winning the case.
Include your current address, and the claim number, and point out that this will save everyone's time, money, and effort.

If they continue, then at some point you may have to prove to the court that you live overseas, but you can show you acted reasonably by telling them as early as possible about this issue.