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DCB Legal Ltd Claim Form delayed in mail redirection abroad

18911131423

Comments

  • Hi Coupon-mad,

    I feel my WITNESS STATEMENT/DEFAULT JUDGEMENT/STATEMENT OF TRUTH posted before does this.  Just a bit concerned there's too much in it with the 3-pronged defence of 1) I wasn't driving 2) Claim Form served to wrong address 3) No jurisdiction

    Thoughts?
    Acceptable to redact my families names on Royal Mail evidence?

  • ....does this.....

    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.

  • Coupon-mad
    Coupon-mad Posts: 153,175 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 September 2023 at 4:21PM
    Yes that sounds good.

    You could state as well, in the WS near the start, that you have an Irish passport, hence the move is considered permanent (in case they make assumptions about you being restricted by an English passport).  

    When talking about the redirect DO NOT SAY YOU STILL OWN THE PROPERTY.
    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 THREAD
  • Thanks Coupon-mad,

    I won't mention property ownership.  Will add in Irish Citizenship/Irish passport holder too.

    Feels like I'm ready to submit all of this unless anyone else has any pointers? 
  • so I added the following:

    There is no evidence in this case as to who was driving, and being a retail park and several years ago, it is in fact far more likely that the driver was the Defendant's wife because the Defendant was likely at work and his wife often took the car for food shopping.  The Defendant’s wife resides in Poland since 27th July 2023 and is a Polish Citizen.    

    Furthermore, I contest this charge on the grounds of jurisdiction.  I emigrated to Poland on 02/08/2023 to join my Polish spouse and children and did not receive the Claim Form in redirected mail until 30th August 2023.  The claim form has an issue date of 04/08/2023.  I entered Poland on my Irish passport as I’m an Irish Citizen.


  • Coupon-mad
    Coupon-mad Posts: 153,175 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes all good -  as long as later on in the WS you also cite the CPRs 13.2 and 13.3 to support the lawful rationale behind your application, and point out you 'acted promptly' and give a flavour of your good prospects of defence if the case is not struck out for want of jurisdiction.
    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 THREAD
  • and is there a reason why it's recommended to attach the WS separately rather than write it directly onto the N244?
  • Coupon-mad
    Coupon-mad Posts: 153,175 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Because it won't fit and (more importantly) it isn't a WS at all, without a signature & date under the statement of truth at the end.
    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 THREAD
  • understood, many thanks
  • I'm filling out the N244:

    I've put Highview Parking as Claimant but what about the ref. no. they don't have one on the claim form but it seems DCB Legal Ltd do, should I use the DCB ref no. for Highview as the claimant?
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