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DCB Legal Ltd Claim Form delayed in mail redirection abroad
Comments
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neilflah said:
I'm concerned about providing my wife's full name on my Royal Mail evidence revealing our new address, does this not give Highview Parking opportunity to serve a new claim to her here in Poland on the basis that she may have been driving. I'm hoping the responses will be they can't due to jurisdiction.1 -
Hi B789, but she is also a British Citizen and we own a house in the UK.0
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neilflah said:Hi B789, but she is also a British Citizen and we own a house in the UK.
Why are you showing something from Royal Mail that names you both? Why not just prove you live abroad with 'livelihood/residence' evidence like a Utility Bill and/or phone contract in Poland, or Polish rental agreement and/or proof you are now employed there?
DO provide your full Polish address but ask for communications by email as well, to avoid you missing a deadline.
Your defence is not affecting the Judge who (at this stage) is only considering one matter: the Judge will read your submissions and decide if you have argued under a rule of law (or CPR) why the CCJ should be set aside.Your WS obviously goes with the N244 because that's your application bundle of evidence proving that you moved. It MUST also explain about CPR 13.2 and 13.3 and why they apply.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
But neither of you are resident in the UK. As this is a civil matter, they have to take you to court where you reside.
You are dealing with intellectually malnourished people in these scam companies. They will not bother with any expense to try and take you to court in Poland. You are considered "not worth the effort" if you are not domiciled here in the UK. The only reason they have gone this far is in the hope that you are a wallflower and will wilt, capitulate and pay into their scam. You are here, so, you are not a wallflower and you won't be falling for their scam.1 -
Thanks Coupon-mad and B789,
I have no Polish residency and for ease and speed all bills and rental agreement are in my wife's name. I do not have a work contract here etc etc (I did mention all this before). I want to give over as little information as possible, yet the Royal Mail redirection contract letter is the only proof really that I'm here in Poland. I have an Irish passport and a right to reside here with it. Having said all of this, I did secure a PESEL (Polish ID number) here last week so that is possible evidence but it doesn't show my new address on it, just the district of the Polish city where I reside. It's also all in Polish.
I obviously want to expedite having this nonsense CCJ struck off and I want to go about it in a manner that doesn't extend any opportunity for more nonsense claims. With the Polish ID document as evidence along with the N244 and WS will this be enough for a judge to set aside the CCJ? Will I then still have to attend a hearing (of some kind) to present my defence and have the £108 reimbursed or as I'm now in Poland will this be done at the stage of removing the CCJ?0 -
Do you live in the UK? If not, then tey cannot take you to court anywhere else. In fact, as long as you are not living in England or Wales, they can't take you to court.
Has the PPC consented to the set aside? If you only paid £108, it is likely that they will order that they don't owe you anything but will agree to the set aside. Have you seen a draft of their set aside order?0 -
Hi B789,
I have not replied to the court with the N244 yet as I want to make sure I'm doing everything correctly, like not giving them my wife's name if I don't have to. I haven't seen anything from the PPC since I received the Claim Form in the delayed post on 30/08/23. I'm not sure what you mean by a draft of 'their' set aside order.0 -
and no I live in Poland0
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B789 said:Do you live in the UK? If not, then tey cannot take you to court anywhere else. In fact, as long as you are not living in England or Wales, they can't take you to court.
Has the PPC consented to the set aside? If you only paid £108, it is likely that they will order that they don't owe you anything but will agree to the set aside. Have you seen a draft of their set aside order?
He's paying £108 because he is ticking 'without a hearing' to avoid costs of flying into the UK.
Re this, I'd attach the Irish passport photo page but with the passport number - and the numbers that might run along the bottom of the page - carefully covered to protect your ID (you don't want a scam PPC having a full passport image; too much info). Also the Polish ID number proof:I have an Irish passport and a right to reside here with it. Having said all of this, I did secure a PESEL (Polish ID number) here last week so that is possible evidence but it doesn't show my new address on it, just the district of the Polish city where I reside. It's also all in Polish.We can't promise that a Judge will set it aside so make sure you cite CPR 13 as your reason to set aside:
https://www.legislation.gov.uk/uksi/1998/3132/part/13
Attach good proof that you did not live at the address where the claim was sent, and:
1. That you acted promptly as soon as you knew about the matter, and
2. That you have an arguable defence to the PCN(s) that has good prospects of success.
1 & 2 are needed as your 'safety net' to persuade the Judge that CPR 13.3 applies even if 13.2 is held not to apply.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
For evidence that I now reside in Poland since 02/08/23 perhaps sending my Polish PESEL number along with the Royal Mail redirection confirmation letter with my wife and children's names redacted is the best approach here?0
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