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Messages - Me and my boys

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1
Thanks again for the advice, will do.
And thank you very much for your patience and for explaining it all so clearly, we've certainly learned a great deal.

2
Sorry for not being clear. This is all new to me.
Having thought about it, yes all these letters are are I guess standard but I've never seen any of them before so didn't realise.

Since the short defence said, "The Defendant is unable to plead properly to the PoC because:(a) The reason stated in the PoC is not factually correct... "
I mistakenly assumed the court was asking the DCBL to answer the points. But I see now, it was just a standard reply.
I was then very surprised that DCBL simply said, we've reviewed your defence. They didn't correct anything. But now I can see this is just another automated reply.

Even the acronyms are new to me. But yes, the latest letter is from the CNBC and is an N149A with attached a seven page N180 DQ
here's the front page, N149A https://imgur.com/a/xg1aqVf
It says,
     "1. This is now a defended claim.
        The defendant has filed a defence, a copy of which is enclosed"

 but someone has drawn a pen line though(a copy of which is enclosed). That seemed strange to me, why not include it if that is standard? It made me wonder if anyone did read it? And will a judge know it was sent? Or is this acknowledging that this was not a full defence?

Page 3, D says, could this be determined without a hearing. Yes it could. But I haven't submitted any witness statement, or photos. Can I do that now?
Or would it be better to say there are factual disputes.
1. There was no PCN on the date they claim.
2. The wording they use for the contract (or anything like it) does not appear on any signage. The defendant has photos from 2022 and from 2024, they have not changed (except the fees). Nothing submitted yet.
3. The interest, as well as not being explained seems to be another mistake. The difference is not very much but a lot more than the alleged missing amount from the parking fee.

3
Hope I've done this correctly this time.
Here should be the court reply.

A week later DCBL sent a letter saying, "having reviewed the content of your defence and our client intends to proceed, … ring this number to pay up.

Now I've had this allocation to the small claims track. Strangely with copy of defence enclosed crossed out??

https://imgur.com/a/xg1aqVf


4
Thanks very much, will do and will certainly come here first if anything happens again.


5
I might have shot myself in the foot by not coming here first but would appreciate any advice, thank you in advance.
On 12th July the driver had never been on this road before. the sat nav indicated to leave the A580. The left lane was marked on the road as a bus lane but the overhead gantry indicated to use this lane to turn left, other two were for straight on. So the driver used the bus lane to exit the road, assuming it was a part time bus lane.
on 22nd July, the driver went away for two weeks.
Returned home 6th Aug to find a PCN. It's marked as posted on 19th July. Attempted to return to get pictures but couldn't for a few days, decided to pay. Paid £30 on 19th Aug was given a payment reference. Paid within 14 days of actually opening it. Have not since received any receipt or acknowledgment of payment.
In September received Charge Certificate.
Wrote to Salford City council 10th Sept, got proof of postage (Sorry, didn't see your advice sooner). Saying we were away didn't get the PCN until 6th Aug, paid within 14 days, here's the payment ref.
No reply.
7th October received TE3 Order for recovery of unpaid penalty charge.

Advice gratefully received.

https://imgur.com/a/mOsFksF
https://imgur.com/a/9y6r0fq

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I made it pretty small but it still says, The upload folder is full. Please try a smaller file and/or contact an administrator.
?

7
I have today had a letter from HM courts. They acknowledge receipt of the short defence and have served it along with the draft order on the claimant. Who has 28 days to to proceed if they wish. After that period, the claim will be stayed.

Thanks so much for all the help, advice and explanations. I'm not at all tech savvy, lots of this process was very unintuitive to me. But if I can follow these instructions, anyone can!!

8
Thank you again, will do

9
I've been sent the N9B defence and counter claim but I've downloaded and filled the N9

Can I just send that?

10
I got through on the phone, they asked me to send the filled in N9 to ClaimResponses.CNBC@justice.gov.uk

Without your guidance this seems like a mine field that is likely to get me.
This is what the email says

"If you are returning your claim response or any claim response forms by email then you MUST state the phrase ‘CLAIM RESPONSE’, together with your claim number, in the subject line of your email.
Once the form(s) have been completed, they can be submitted to the court via:

Email: ClaimResponses.CNBC@justice.gov.uk

Thank you for calling the Civil Contact team for the Civil National Business Centre,

In the body of the email give the reason(s) why you are disputing all of the claim that has been made against you.

Please also type your name (this is classed as an electronic signature) and date the document at the bottom of the page.
Please note: the attached form(s) contains fillable form fields, and the software to complete the form can be downloaded for free from http://get.adobe.com/uk/reader.
Regards,  Patricia M.
Admin Officer - Civil Contact Team"


Can I instead put Subject: URGENT - Incorrect Acknowledgement of Service - Claim Number [insert claim number]
Am I now here, responding to what is in the Particulars of Claim (PoC)?

11
Thank you, will do now

12
Oh dear, I have messed this up, I (driver not Reg K) logged in to .gov and put my name as the defendant and signed with my initials. We have the same surname but different initials. :-(
But it still naming the reg keeper as the defendant.

13
Thanks again for the advice, I don't think I've spoiled it. I, the driver, logged in to .gov.uk with my usual log in and from there to MCOL, acknowledged the form, ticked the box to say the defence will follow. It's been accepted, so hopefully they didn't notice? I'll just respond (by email) from the RK this time.

I love your way of doing this! We ask for all these details, then they will presumably have to fake a PCN that matches the claim form or say, oh we got the PoC wrong. Same with interest and all the other points. Certain should make them squirm!
Just to be absolutely certain, this email just has these two attachments (with details filled in), no other details, no mention of what happened?

I'm just wondering, why does it say, 'the claimant obviously knows if the defendant is the keeper or driver'? I don't think they can know?

14
Sorry I wasn't clear,

First it says, the claimant claims
1. £170 the total of PCN and damages
2. interest...
3. Costs and court fees

In a box at the end,
The amount claimed  £205.08
Court fee           £35
Leg rep costs       £50
Total amount        £290.08

I think the £205.08 must be interest calculated from the day I parked on the total £170


15
Congratulations dave-o on your victory!! Great news for everyone on here!

Thank you SOOO much for all this info! (I've gone from feeling worried to quite enjoying this.)

b789 this is great stuff! yes indeed the PCN issue date is the date of claimed contravention.
What is the difference between the short defence and the draft order, please? Do I need to email both? They seem identical

I'm not the registered keeper, I was the driver. On the court acknowledgment form I said so and gave my name. Does that make any difference from here? Could I put MR... and Mrs... as the defendant?

No they do not say what the £170 is made up of, just "the total of the PCN and damages"
Interest is very interesting  ;)
Do you think the amount claimed, £205.08 is the £170 plus interest?
If so, it looks like they've charged interest at 8% on that final amount, from the day I parked there. £170 plus 8% for about two and a half years is about £205.08. But they say 'interest... from the date hereof'. shouldn't that mean the date of this letter (form), being 28th Aug 2024? If so, yes they are charging interest on the PCN and damages from the day I parked there.

The exact wording of the contract, on the machine is,
1. enter reg
2. insert coins to the value of tariff required (no change given)
3. press green button
4. display ticket.

I did all that but one coin must have got stuck in the machine, as I told them two and half years ago. So, I fulfilled my part of the contract. In your opinion, am I correct?

Thank you once again

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