We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

PCN reached Court stage but I live abroad

Any help appreciated. 
Have read through the newbie stuff but couldn’t relate it all to my situation. 

I received a message from my mum today stating I received a Judgement for Claimant letter in the post to her address. 

Fine originates from a company vehicle (employer nominated me as driver) in a parking eye carpark being chased by DCB Legal. Alleged infringement occurred roughly a week before I left the UK. 

I have been living in Australia for the duration of the process to date, and my mum had previously returned the Letter of Claim to sender as a result of this.

Is there anything I can do at this point or am I stuck with paying?

Comments

  • Fruitcake
    Fruitcake Posts: 59,531 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 18 October 2023 at 9:12AM
    It is not a fine. 

    I do not think you do not need to pay this since you now live overseas. I think you should send a rectification notice to the DPO of ParkingEye instructing them to erase your old data and replace it with your current address for service. Include non-photo proof of ID and non-photo proof of Australian residency. This should stop anything being sent to your old address and worrying your mum.
    Make sure you use the word I have highlighted as it has a specific meaning where data processing is concerned.


    Others more court savvy than me should be along to advise you about the judgment itself. 
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • la531983
    la531983 Posts: 4,018 Forumite
    1,000 Posts Second Anniversary Name Dropper
    To be brutally honest you should have changed the address to your Australian one at the very first opportunity, you probably would have found it would have put an end to it there and then.
  • Umkomaas
    Umkomaas Posts: 44,418 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Are you permanently domiciled in Australia (well, for at least the next six years)?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Umkomaas said:
    Are you permanently domiciled in Australia (well, for at least the next six years)?
    Not on my current visa. Would only have evidence of an Expression of Interest for permanent residency. 
  • UncleThomasCobley
    UncleThomasCobley Posts: 654 Forumite
    500 Posts Photogenic Name Dropper
    edited 18 October 2023 at 10:34AM
    If you have any plans to return to the UK in the next 6 years then you need to get this CCJ set aside. If the address relates to your parents, it could seriously affect their ability to get credit too and it is not only the name but the address that will flag up in credit searches.

    It shouldn't be too difficult if, as you mention, your mother returned the claim to the sender. However, did she send it back unopened? How did she know it was a claim?
  • Coupon-mad
    Coupon-mad Posts: 161,772 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Mum returned the LBC to sender.  Why?

    You only had to give your Oz address to stop the claim completely.  Don't compound that mistake by paying.
    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
  • Mum returned the LBC to sender.  Why?

    You only had to give your Oz address to stop the claim completely.  Don't compound that mistake by paying.
    Hindsight is 20/20! 
    Not paying the Judgement now just results in a CCJ no? Also would be a similar cost to follow the N244 route?
  • Coupon-mad
    Coupon-mad Posts: 161,772 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    But you can get the £275 back if you do what everyone does and use CEL v Chan to support the view that the claim should be dismissed too. See any recent CCJ thread. 
    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
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.5K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.4K Work, Benefits & Business
  • 604.2K Mortgages, Homes & Bills
  • 178.5K Life & Family
  • 261.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.