In this situation, where the driver has mistakenly completed the Acknowledgement of Service (AoS) on the MCOL website in their own name instead of the named defendant (the keeper), you need to act
immediately. Until the correct AoS is submitted, there’s a strong possibility that the
claimant will request a CCJ by default, which you must avoid. Here’s exactly what needs to be done:
1. Call the Civil National Business Centre (CNBC) NOW: You must
telephone the Civil National Business Centre (CNBC) on 0300 123 1056 immediately. Wait on the line for as long as necessary to speak to someone, and explain the mistake. Make it clear that the AoS was submitted by the wrong person (the driver) and not the actual defendant (the keeper). Tell them that you are sending the correct AoS N9 form as a PDF file attached to an email. Ask them to confirm whether the email should be sent aos.cnbc@justice.gov.uk or claimprogression.cnbc@justice.gov.uk.
It is crucial to get this corrected swiftly, or the claimant may apply for a default judgment.
2. If Calling is Not Possible, Email Instead: If you can’t get through by phone, you
must email the court
today, before 4 pm. Send the response I’ve outlined above to
caseprogression.cnbc@justice.gov.uk AND
aos.cnbc@justice.gov.uk and mark it as
URGENT in the subject line, including the claim number. For example:
Subject: URGENT - Incorrect Acknowledgement of Service - Claim Number [insert claim number]Explain in the email that the AoS was completed by the wrong person (you, the driver), and that the actual defendant (the keeper) needs to be properly recognised. Don’t delay, as time is of the essence.
3. Attach a Corrected AoS Form: In the email,
attach a corrected and completed PDF copy of the AoS form, in the name of the actual defendant (the keeper). You can download the AoS form from the following link:
https://assets.publishing.service.gov.uk/media/5c45e568ed915d38a0611a61/n9-eng.pdfMake sure the corrected form is completed properly and that the claim number matches.
4. Clarify the Correct Defendant: Whether on the phone or in your email, make sure to clarify that the keeper is the correct defendant and they wish to defend the claim. The court needs this information in order to process the correction and prevent a default judgment.
Until the correct AoS is submitted, there is a risk of a default CCJ against the keeper. Act immediately to correct the mistake!