Leaving the country with parking ticket unresolved

themightykettle

Hi all, 

I've tried searching for this but can't find an answer already posted, apologies if I've missed it! 

Background:
I received a parking ticket from UKCPS for Driver Seen Leaving Site in December 2022. They're trying there luck as their is no map or anything to indicate the extent of the site.  I've complained to Costa Coffee (it's their store) about the ticket rather than directly with UKCPS, they've done nothing about it so I'm now in contact with the land owner.  In the meantime UKCPS have progressed the matter to Trace debt recovery who are now 'passing it to their solicitors'

The issue: 
I'm about to emigrate to New Zealand in a month.

Normally I'd be happy to push this all the way, but if it goes to court then it'll be difficult to attend!!
I appreciate it's unlikely to go to court but can anyone give advice about dealing with court remotely?  Would I be able to issue a defence in writing and not attend? 

I was going to provide a UK c/o address as my thoughts were they might be more likely to pursue it if they new I couldn't attend court, would that be best?

I'm kinda at the point where if they knocked the charge back down to £100 rather than the debt recovery amount I might just pay instead of having it over me from another country.  Would negotiating at any point be worth it?

Thanks for any advice 

Grizebeck

Just crack on . If your emigrating just give them your new address 
You would have won this at the IAS if you had denied leaving site 
There is nothing to negotiate 
There is nothing hanging over you 

fisherjim

Trace debt recovery is not a "progression" and as there is no debt they have not passed it to their solicitors, it's all a con!

Coupon-mad

Give them your NZ address and tell them you are permanently emigrating, so they must wind their necks in and erase the UK address.

themightykettle

I'm now in NZ, updated them with my new address and I've now received a Letter Of Claim (with the 30 day deadline and attached forms).  With the slow mail, the date of the letter is already 27 days into the 30 day deadline.  I have seen the response template in the newbie thread and will send that.  

I have also read the thread about defence of a claim (https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1).

The advice on this is that claim often get ditched before a hearing.  I guess I am seeking reassurance on this as I would be unable to attend a hearing.  Does anyone know if the court would give consideration for this and offer remote access or if I can just rely on a documentary evidence without having to attend?

KeithP

Are you saying that UKCPS have written to you at your New Zealand address with a Letter of Claim?

If so, as suggested earlier, ignore them.

themightykettle

KeithP said:

Are you saying that UKCPS have written to you at your New Zealand address with a Letter of Claim?

If so, as suggested earlier, ignore them.

Yup, Moorside Legal for UKCPS have sent a Letter of Claim

Fruitcake

Respond to the letter of claim, by email, telling them you are now a permanent resident of NZ, confirming that address with proof of residency.

Did you instruct the DPO of the PPC to erase your data and replace it with your new (overseas) address for service? Did the LoC arrive at your overseas address?

If you get a claim, do the AoS, and I would suggest you then just do a simple defence such as denying that the driver did not leave the undefined site. The UK court system should throw a wobbler when it receives the NZ address, but unless you plan on returning to the UK to live within six years, you have nothing to worry you.

Coupon-mad

Do you mean they posted that LBC to NZ? Wow!

Is this Moorside Legal?

Looks like they were testing if you really live there. Call their bluff,

Certainly reply today by email to confirm that the LBC arrived yesterday and (using no template) tell them that this NZ address is indeed your permanent address (attach a utility bill or some proof of residency).

State that, as they well know, you are out of jurisdiction of the English Courts so they must return the case to their client immediately, as it is unrecoverable in the county court. Should they issue a claim to a NZ resident anyway, or should they use the old UK address this will breach the Civil Procedure Rules and would be wholly unreasonable conduct and harassment. If they do, you will report Moorside Legal Services Ltd and their Principal Solicitors, Rebecca Horton-Grainger and/or Ibrar Ahmad to the Solicitors Regulation Authority.

themightykettle

Coupon-mad said:

Do you mean they posted that LBC to NZ? Wow!

Is this Moorside Legal?

Looks like they were testing if you really live there. Call their bluff,

Certainly reply today by email to confirm that the LBC arrived yesterday and (using no template) tell them that this NZ address is indeed your permanent address (attach a utility bill or some proof of residency).

State that, as they well know, you are out of jurisdiction of the English Courts so they must return the case to their client immediately, as it is unrecoverable in the county court. Should they issue a claim to a NZ resident anyway, or should they use the old UK address this will breach the Civil Procedure Rules and would be wholly unreasonable conduct and harassment. If they do, you will report Moorside Legal Services Ltd and their Principal Solicitor, Ibrar Ahmad, to the Solicitors Regulation Authority.

Yeah, it's pretty wild that they've bothered to send it out.  I received another letter from them with a suggested 'schedule payment plan' which I laughed at as they paid for the postage for that tat, but I was surprised at this one.

I've previously instructed them to delete all previous (UK) addresses from their system so this should be the only one they have. 

Thanks for the advice, of course the UK County Court doesn't have jurisdiction in NZ. I have drafted an email following your advice, if anyone has any feedback I'd appreciate it - it basically a short mishmash of the letter on the newbies page and the above advice:

Dear Sirs,

 

Your Ref: **********

Proposed Legal Proceedings

Claimant: UKCPS Ltd

 

I refer to your letter of claim.

I confirm that my address for service is as follows:

*********, New Zealand

 

As I have previously instructed, any older address must be erased from your records.

I am now a permanent resident of New Zealand and have no plans to return to the UK. I have attached a copy of my permanent residency visa, my residency agreement, and a utility bill as proof of residency at this address.

As you will be aware, I am outside the jurisdiction of the English courts. Consequently, this case should be returned to your client immediately, as it is unrecoverable in the county court.

Should you issue a claim against a New Zealand resident without confirming that the courts of England and Wales have the requisite jurisdiction to address this case, it would constitute a breach of the Civil Procedure Rules, as well as unreasonable conduct and harassment. In such an event, I would be obliged to report Moorside Legal Services Ltd and your Principal Solicitor, Ibrar Ahmad, to the Solicitors Regulation Authority.

Regarding this matter, I dispute the alleged debt. Any court proceedings, should you find a way to initiate them, will be vigorously defended.

 

Kind regards,

Mighty Kettle (The)

Fruitcake

That looks okay to me.