Civil Enforcement - MCOL Submitted - Australia Bound

gr90210

Hi,

My son has a parking fine currently standing at £269.08 with Civil Enforcement.

We have followed the guides and just completed the AOS giving us more time. We will submit a defence but the issue we have is that my son is heading to Australia travelling/working from next Tuesday, he is planning on being there for a couple of years.
I have his permission to open mail but I'm concerned about what happens if he is asked to appear at a hearing.

Thanks in advance.

la531983

Do nothing until he moves there.

Once he does he needs to write to them, asking them to ERASE his UK address (and make sure that word is used) and to provide his new Australian address for service of documents.

He will find everything goes quiet prety quickly.

By the way it isnt a fine.

ChirpyChicken

If it was submitted my cel without the assistance of dcb legal you should assume it will go to hearing
If dcb legal unlikely to

Coupon-mad

la531983 said:

Do nothing until he moves there.

Once he does he needs to write to them, asking them to ERASE his UK address (and make sure that word is used) and to provide his new Australian address for service of documents.

He will find everything goes quiet pretty quickly.

It won't go quiet because it is at claim stage. This would have stopped it at LBC stage but not now. The claim continues as normal once defended.

However I do agree: once he moves, he can email CEL (if it's a claim by them?) or DCB Legal (if it's via them?) listing his costs - flight, road/rail travel & accommodation and loss of salary or loss of several days' leave - for attending a UK hearing. He can then encourage them to swiftly discontinue or he'll claim his costs on the indemnity basis for unreasonable conduct.

Coupon-mad

gr90210 said:

Hi,

My son has a parking fine currently standing at £269.08 with Civil Enforcement.

We have followed the guides and just completed the AOS giving us more time. We will submit a defence but the issue we have is that my son is heading to Australia travelling/working from next Tuesday, he is planning on being there for a couple of years.
I have his permission to open mail but I'm concerned about what happens if he is asked to appear at a hearing.

Thanks in advance.

Show us the Claim form, redacted of the same 4 things you see covered up on all claim threads.

gr90210

Thanks for the replies so far.

We do not have the original claim form, I have the Claim Form from the CNBC, will that suffice?

Due to unforeseen circumstances we are a bit behind with this, we have until the 17th to complete the N180.
Couple of questions, I'm sure I've read that I can attend the mediation in place of my son, can anyone confirm this?
The N180, it says to email it once complete, is it just a case of scanning the pages and sending or is the N180 available online?

Cheers all 

Le_Kirk

Your son can nominate you to take the mediation call.  Info about the N180 is in the 8-steps in the template defence thread.  You can download one from Gov.uk but it is this one: -
https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf
No need to scan it, just complete, save and email.

gr90210

So we have a mediation meeting coming up. I've filled the Delegation of Authority in and also advised them of my sons new address in Australia. 
When I have the meeting and I offer nothing and basically say we will go to court will I tell the mediator to inform them my son has now moved and therefore no matter what happens they won't be getting a penny?
He lives\works there now and isn't coming back to the UK.

Gr1pr

No, just stick to no offer etc 

Your son can issue a Data Rectification Notice to correctly identify a new address for the service of papers , whichever he chooses to use,  plus he should email the CNBC in Northampton with the change of address too, so notify all parties 

gr90210

Hopefully my final question.

Had the meeting offered them nothing, they went from £250 to £60, told them I'd see them in court.

That call took place on the 22\12\25. I had an email to say the mediation wasn't successful but I've not heard anything since then. I'm sure I saw that they had 28 days and then I could check to see if the case had been discontinued, can anyone confirm that?

Le_Kirk

No, the 28 days you (might) have read is the period after the claimant has received your defence from the CNBC to decide to proceed or not.  You will receive (sometimes takes a few weeks) a Notice of Allocation to the court you elected in your N180