English parking fines for Norther Ireland resident

historyheritage

Coupon-mad said:

historyheritage said:

Umkomaas said:

historyheritage said:

Thankyou for this thread. It has really helped me as I'm in the same situation.

You do realise that the advice relates exclusively to someone whose home address is in Northern Ireland. Do you live there?  I've looked back at your one (and only) thread on this forum and there's no mention of NI in it. 

If you have no connection with NI, then the advice here does not apply, and certainly won't help you, especially if you're tangling with - as per your thread - UK Car Park Management. 

Yes I live in NI and am the registered keeper, I was not driving but the PCN was in England. They have sent me a letter before claim to my NI address but I guess they won't pursue due to this technicality. I was going to reply to letter pointing out I was from NI but seems like I can just ignore them.

Best update and bring your thread about your PCN to a close by mentioning there that you've read a few threads and realise that you can ignore private PCNs because you are nigh on untouchable, as you live in NI.

That might help others who search later.

  

Okay. Will do that now.

Boredtramrider

Hi All, hoping to reopen/ revive this thread as I believe it is most applicable to me and I am looking for some advise.

Similar to P4rk1ngT1ck3t - I am a NI resident with addresses in both England & NI. I had received a PCN from an establishment back in 17/07/2020 which has escalated to the usual letters to my NI address that I ignored due to NI registered keeper rules but have now received those usual letters along with a claim form from CNBC to my England address 5 years later. Whilst I understand the time limit for bringing legal claim is 6 years meaning they have 11 months remaining, can I reroute a this claim back to my NI address?

I have been intending to complete the AoS form within the claim form pack in line with the MSE guidance and changing jurisdiction to NI. Would this prolong the action and eventually result in it being dropped? 

Umkomaas

1. Where did the parking event take place?
2. Which parking firm?
3. Which solicitors are representing them?
4. How have they obtained your England address?
5. Where do you live for the majority of time?

doubledotcom

Where is your permanent home?
Do you own or rent property in Northern Ireland?
Do you pay council tax or rates in Northern Ireland?
Do you pay UK income tax through the Northern Ireland office or elsewhere?

What is your connection with the English address?
Do you own it, rent it, or is it temporary (family, work, study)?
How much time do you spend there compared with Northern Ireland?

Which address is on the V5C logbook?
Was the vehicle always registered at the Northern Ireland address during the relevant period?

Have you filed an Acknowledgment of Service yet, and if so did you tick “contest jurisdiction”?

Do you intend to argue that you are only domiciled in Northern Ireland and that the English address is incidental, or do you accept that you have dual residence?
Are you prepared to pay the £313 court fee to make an N244 application disputing jurisdiction?

Boredtramrider

Umkomaas said:

1. Where did the parking event take place?
2. Which parking firm?
3. Which solicitors are representing them?
4. How have they obtained your England address?
5. Where do you live for the majority of time?

Hi thank you for the reply. 
1. parking event took place in England
2. Smart Parking UK limited
3. DCBL 
4. unsure - assuming enhanced credit check connecting me to property
5. majority England 

In honesty - I am looking an easy get out of jail card with my NI address. If this is not plausible, I will most likely maintain the contested route due to the parties involved

Boredtramrider

doubledotcom said:

Where is your permanent home?
Do you own or rent property in Northern Ireland?
Do you pay council tax or rates in Northern Ireland?
Do you pay UK income tax through the Northern Ireland office or elsewhere?

What is your connection with the English address?
Do you own it, rent it, or is it temporary (family, work, study)?
How much time do you spend there compared with Northern Ireland?

Which address is on the V5C logbook?
Was the vehicle always registered at the Northern Ireland address during the relevant period?

Have you filed an Acknowledgment of Service yet, and if so did you tick “contest jurisdiction”?

Do you intend to argue that you are only domiciled in Northern Ireland and that the English address is incidental, or do you accept that you have dual residence?
Are you prepared to pay the £313 court fee to make an N244 application disputing jurisdiction?

Hi  - much appreciated for the response. I have answered as below

Do you own or rent property in Northern Ireland? No (Parents property)
Do you pay council tax or rates in Northern Ireland? No (Parents property)
Do you pay UK income tax through the Northern Ireland office or elsewhere? No (England pay roll)

What is your connection with the English address? Homeowner
Do you own it, rent it, or is it temporary (family, work, study)? Homeowner, moved over for work but still here 6 years later
How much time do you spend there compared with Northern Ireland? 95% England

Which address is on the V5C logbook? Northern Ireland
Was the vehicle always registered at the Northern Ireland address during the relevant period? Yes

Have you filed an Acknowledgment of Service yet, and if so did you tick “contest jurisdiction”? No, yet to complete AoS

Do you intend to argue that you are only domiciled in Northern Ireland and that the English address is incidental, or do you accept that you have dual residence? dual residence is honest scenario, all personal bills, bank accounts etc remain at NI address
Are you prepared to pay the £313 court fee to make an N244 application disputing jurisdiction? Not aware of this fee, most likely not. 

doubledotcom

Based on what you’ve told us, here’s where you stand:

You spend about 95% of your time living in England, you own your home there, you work there, and your income tax is through an English payroll. Your only real link to Northern Ireland is your parents’ address, which you’ve been using for things like the V5C and bank accounts. From the court’s perspective, that means your main residence and legal domicile is in England, not Northern Ireland.

Because of that, the Claimant was entitled to serve the court claim to your English address. Service is valid under the court rules.

If you were thinking about challenging jurisdiction and trying to say the case should have been brought in Northern Ireland, that won’t work in your situation. You’d need to show that you are domiciled only in Northern Ireland, and that isn’t supported by the facts. On top of that, making that kind of application costs £313, and the chances of winning it are very slim.

In practice, you need to accept that this claim will go ahead in the English county court. What you should do now is file the Acknowledgment of Service within 14 days of receiving the claim. Do not tick the box that says you want to contest jurisdiction. After that, you’ll have 28 days from the date of service of the claim to submit your defence.

Coupon-mad

Just go ahead and use the Template Defence and no contesting jurisdiction.

You need to start your OWN new thread please.

Boredtramrider

Coupon-mad said:

Just go ahead and use the Template Defence and no contesting jurisdiction.

You need to start your OWN new thread please.

doubledotcom said:

Based on what you’ve told us, here’s where you stand:

You spend about 95% of your time living in England, you own your home there, you work there, and your income tax is through an English payroll. Your only real link to Northern Ireland is your parents’ address, which you’ve been using for things like the V5C and bank accounts. From the court’s perspective, that means your main residence and legal domicile is in England, not Northern Ireland.

Because of that, the Claimant was entitled to serve the court claim to your English address. Service is valid under the court rules.

If you were thinking about challenging jurisdiction and trying to say the case should have been brought in Northern Ireland, that won’t work in your situation. You’d need to show that you are domiciled only in Northern Ireland, and that isn’t supported by the facts. On top of that, making that kind of application costs £313, and the chances of winning it are very slim.

In practice, you need to accept that this claim will go ahead in the English county court. What you should do now is file the Acknowledgment of Service within 14 days of receiving the claim. Do not tick the box that says you want to contest jurisdiction. After that, you’ll have 28 days from the date of service of the claim to submit your defence.

Thank you both, noted with the return comments"