DCB Legal Ltd Claim Form delayed in mail redirection abroad

neilflah

I emigrated to Poland on 02.08.23 and after travelling around a bit for the past 6 days returned to my new address in Warsaw to find a DCB Legal Claim Form (CCBC Northampton) for claimant Highview Parking Limited.  It's clearly been delayed in the mail redirection from Royal Mail as the issue date is 04.08.23 so I've missed the 14+5 day response period for the AoS.  What should I do now?  I rent out my old address in UK by the way and don't plan on returning anytime soon but have a mortgage on the house and don't wish for a CCJ.  Advice greatly appreciated.

la531983

Give them your new, permanent address in Poland.  This will conclude the matter.

Fruitcake

As above, but include non-photo proof of ID plus proof of residency at your overseas address such as a redacted utility bill or bank/card statement

neilflah

Thanks for your swift responses.  Unfortunately, I don't have Polish residency, to gain it will take about 5 years.  My wife (Polish) was relocated here with a job offer and I have an Irish passport so I'm entitled to reside here.  I'm pursuing UK remote jobs currently.  My name is not on our flat rental contract, utility bills etc, I use Monzo for banking here.  I can send 'them' evidence of mail redirection from Royal Mail though.  When you say 'them', are you referring to Highview Parking, DCB Legal or CCBC Northampton?  

Fruitcake

neilflah said:

Thanks for your swift responses.  Unfortunately, I don't have Polish residency, to gain it will take about 5 years.  My wife (Polish) was relocated here with a job offer and I have an Irish passport so I'm entitled to reside here.  I'm pursuing UK remote jobs currently.  My name is not on our flat rental contract, utility bills etc, I use Monzo for banking here.  I can send 'them' evidence of mail redirection from Royal Mail though.  When you say 'them', are you referring to Highview Parking, DCB Legal or CCBC Northampton?  

Send the DPO of Highview, and DCB Legal a Rectification Notice instructing them to erase your old details and replace it with your current address for service. Include the PCN and case numbers for reference.
Use your marriage certificate and your wife's proof of residency plus mail redirect and anything else (possibly even including job applications) you can use to prove you reside at an overseas address.

Make sure you use the word I have highlighted as it has a specific meaning with regards to data processing and the DPA/GDPR. 

I'm no expert on the legal side of things, but you must contest jurisdiction when you respond to the court claim. I'm not sure if this is part of completing the AoS or something else. Hopefully some of the more court savvy regulars will be along to advise. 

Coupon-mad

la531983 said:

Give them your new, permanent address in Poland.  This will conclude the matter.

It won't.

The OP says they have a court claim.  They are in danger of a CCJ.  Might already have a default judgment.

I think they should reply contesting jurisdiction but am not an expert.  Might be too late.

neilflah

Should I reply directly to the court?

Coupon-mad

Log into MCOL immediately to see if you are too late.  Can you 'contest jurisdiction' is that a option?

neilflah

Just enrolled an checked, judgment made against me on 29/08.  

neilflah

looks like my only option is a Set Aside:

Set Aside - Guidance

Step 1 of 8

If you think that a Judgment has been entered against you incorrectly you can apply to set the Judgment aside using an N244 'Application Notice'. Please read these notes thoroughly before submitting the application as incorrectly completed applications may be returned to you.

Please be aware that there is a fee to process the application. If you cannot afford to pay this fee you can check if you are eligible for help with court fees by downloading the EX160A booklet. If you believe you are eligible for fee remission you must not submit your application via the Money Claim Online website.

Please note, an application to set the Judgment aside is not automatically granted. The outcome of your application is at the discretion of the District Judge. The Judge may set aside a Judgment where the defendant has a real prospect of successfully defending the claim; or it appears to the court that there is some other good reason why the judgment should be set aside or the defendant should be allowed to defend the claim.

Court staff cannot give legal advice and therefore cannot advise if your application is likely to be successful. If you are unsure if you may have a prospect of successfully defending the claim, you should consider seeking legal advice before applying. Please note, a Judgment will not be set aside purely on the basis that you have paid the debt, and / or on the basis that you wish to improve your credit. You may wish to refer to the leaflet 'EX320 - Registered Judgments - what are they?' for more information before continuing. The leaflet is available to download at www.justice.gov.uk, or can be provided on request.

Please also note, you cannot submit an application on behalf of the defendant unless you are legally qualified to act on their behalf as either a solicitor or litigation friend (for a minor / protected party).

neilflah

Order requested and why 

What order are you asking the court to make and why?

3000 Characters remaining

Please state you are applying for "an Order to set Judgment aside" and summarise the reasons why you feel the Judgment should be set aside. If you are applying for something other than to set Judgment aside, you should not submit your application via Money Claim Online (MCOL) and you will need to complete a manual N244 instead.

Please note, the Judge may set aside a Judgment where the defendant has a real prospect of successfully defending the claim; or it appears to the court that there is some other good reason why the judgment should be set aside or the defendant should be allowed to defend the claim. The Judgment will not be set aside on the basis that it has been paid, and / or to improve your credit - you must demonstrate to the Judge you have grounds to defend to the claim.