Highview ANPR PCN Claimform - Catford Island Retail Park London SE6

[FTMDave]

Please carry out the steps dx has explained, then come back here and we can deal with the matter of you living abroad.

[FTMDave]

As you haven't done CPR yet, hang on for 24 hours while we have a discussion about you living abroad.  It may be that when sending the CPR you inform the fleecers of your new address.  Anyway, a 24-hour delay won't do any harm.

It's a pity that you didn't tell the charlatans when you moved.  I think it's impossible to use MCOL to sue someone with a foreign address.  In any case, in practise the spivs will not pursue tickets when they realise someone lives abroad.  We have a couple of people in a similar position to you and this is what experience has taught.

Is your post at the UK address regularly checked?  I ask because the court will shortly send a Directions Questionnaire and if it's not completed by a deadline you will lose the case.

The DQ will also ask on what dates you're unavailable for court.  How often to you come back to Britain generally?

 

[FTMDave]

OK, thanks to your wife I see you are covered!

See what the other regulars think tomorrow, but my initial thinking is this.

Send the CPR normally.  You don't want post getting lost on its way to Amsterdam.

However, when you file your defence in early September, stick in a paragraph about living aboard and should you win at the hearing you will claim all your travel costs back from the claimant.

When it's DQ time, make a big deal of only being available on Fridays or Mondays or similar through living abroad and again tell the fleecers they'll be paying your plane fare.

I'm just thinking of ways of making being in Amsterdam an advantage not a disadvantage and maybe pushing the fleecers towards discontinuing.

[FTMDave]

Yes, get the CPR off today or tomorrow.

We can alter your defence to mention Amsterdam in early September.

[FTMDave]

We have a new case which is a carbon copy of yours.  Catford Island - Highview - overstay - claim form - issued on 4 August.

Like in your case Highview have delayed taking court action for years & years so they can charge as much interest as possible, which is unreasonable and you need to include that in your coming defence.

[FTMDave]

1 hour ago, fro said:

it has now been requested from our Client and it will be provided in due course

No it won't!

The will refuse to show the contract and planning permission doesn't exist.

So you can say in your WS that they promised to show this evidence but then reneged on the promise.  Won't look good to a judge.

[FTMDave]

Go here  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/  and scroll down to  Q2) How should I defend?   

There is the generic, bland defence that we use in 99% of claims.

However, in another case where the fleecers had added huge amounts of interest fellow Site Team member Andyorch underlined that the charlatans should be challenged about this in the defence which is why I suggested something like saying that it is unreasonable for the Claimant to delay litigation for nearly five years and to add nearly £70 in interest.

Also experience shows that the fleecers do not like taking on people who live abroad, thus the suggestion of the paragraph you drafted mentioning The Netherlands.  There are no guarantees but it might push them a bit towards discontinuing.

It's up to you but personally I would add those two extra paragraphs but nothing else.