Gatwick North Terminal PCN - Business Court Claim Form

GiftHorse19

Coupon-mad said:

Correct.  Maybe they gave up, due to the NI address.  Did the CNBC use your NI address as you had told them?  If not, reiterate your service address is in NI.

Yes they used my NI address and I had reiterated in the text of my email "I would like to clarify that I permanently reside in Northern Ireland and therefore lie outside of the England & Wales jurisdiction."

GiftHorse19

I've just received a 'General Form of Judgement or Order' notice stating the following:

"Before Judge XX, sitting at the County Court at Leeds...Upon considering the papers on the Court File

IT IS ORDERED THAT:

1. This case is transferred to the County Court at Central London.

2. If this order was made as a result of a without notice application or on the Court's own initiative and if you object to the order, you may make an application to have it set aside, varied or stayed provided the application is made within 7 days of service of the order."

Does that mean the Claimant did get their application in on time after all?

Any thoughts on next steps?

Thanks

Coupon-mad

Leeds court has form for losing DQs, so maybe the Judge saw their DQ but not yours and or some reason pushed the case to London.  Not sure why?

You still live in NI and used to live in Leeds I assume, so why London? 

Johnersh

Thats messy. But arguably the moment the acknowledgement was filed without a challenge to the jurisdiction (and indeed, confirmation that it would be defended) this claim came within the reach of the E&W courts. 

The o/p could take the point, since it seems unlikely that the PPC has correctly done the paperwork, but the acknowledgement potentially means a DJ could decide just to be pragmatic and to press on.

Coupon-mad

Indeed.

But the OP might be able to head this all off by obtaining some typical flight costs and sending the roboclaim eejits an email reminding them that the D actually lives permanently in NI and here are the costs you are risking by unreasonably continuing with this meritless case. Discontinue now. 

GiftHorse19

I used to live in London when the parking 'offence' occurred but have sinced returned back to NI.

I can only think the the legal firm (BW Legal) who are based in Leeds requested a court hearing there, but it's been moved to London as that was my previous address?

In any case, I've received a further letter from the County Court in London stating "We are writing to notify you that the Court file in relation to the above case has been referred to a judge for directions. The Judge's direction may require a hearing date to be arranged or an Order to be drawn. You will be notified of the outcome..."

If it does go to a hearing, can I call them at that point and ask for it to be remote? Is there a chance that the legal firm won't be bothered to travel to London either and the case might still get thrown out?

KeithP

@GiftHorse19, what did you think of @Coupon-mad's suggestion on 27 May at 9:49PM?

Coupon-mad

I was surprised the OP hadn't done it yet.

GiftHorse19

Coupon-mad said:

I was surprised the OP hadn't done it yet.

Hi,

I have received my 'General Form of Judgement or Order' form now with a court date in County Court at Central London.

1. Can I appeal to have this hearing remotely as I now reside in NI?

2. If they refuse remotely and I don't show for the hearing and I'm found guilty, am I still only liable to pay the amount on the Claim Form, plus a hearing fee (£25 if the claim is under £300)?

3. Do you still think there is value in me contacting BW Legal with flight / hotel costs etc. to put them off?

Thanks

Coupon-mad

"Found guilty?" It's not a criminal trial.

It's just a 'he said/she said' decision about a contract. Think of it as the ultimate dispute resolution meeting. That's all.

Do you still think there is value in me contacting BW Legal with flight / hotel costs etc. to put them off?

Yes.

And tell them that even if their client wins, you won't be minded to pay and the CCJ would be unrecoverable as you live out of jurisdiction in NI.

To get it heard remotely would probably need you to make a N244 application at £119 fee.  Personally I'd concentrate instead, on prodding BW Legal and serving them with a full costs assessment, asap.