Author Topic: ECP Rodnet Street Wigan PCN. Machine was full, coin stuck in machine. DCBL now CNBC  (Read 416 times)

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Me and my boys

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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.

b789

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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.pdf

Make 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!
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Me and my boys

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Thank you, will do now
« Last Edit: September 17, 2024, 11:57:15 am by Me and my boys »

Me and my boys

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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)?
« Last Edit: September 17, 2024, 01:06:15 pm by Me and my boys »

b789

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« Last Edit: September 17, 2024, 01:17:28 pm by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Me and my boys

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

Can I just send that?

b789

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My only worry is that whoever advised you, has also asked you to "In the body of the email give the reason(s) why you are disputing all of the claim that has been made against you."

That could amount to a defence, especially as it is going to the email address for defences rather than the email address for AoS.

I would do as advised regarding the N9 and the subject of the email. However, I would put the following in the body of the email:

"Please find attached the corrected N9 Acknowledgement of Service for claim number [claim number] [your full name] v [Euro Car Parks Ltd]. A Defence will be filed separately in due course.

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

Can I just send that?


Yes, you only need the N9 as you are not counter claiming.

Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

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Thank you again, will do

Me and my boys

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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!!

b789

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Can you please show us a copy of that letter, suitably redacted of your personal details.

I would like to see the wording they've used.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Me and my boys

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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.
?

DWMB2

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READ THIS FIRST - Private Parking Charges Forum guide

This includes a guide to using a third party site to add images.

Me and my boys

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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


b789

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Sorry… you’ve not made yourself very clear. What you’ve shown us is the standard response from the CNBC after you’ve submitted your defence.

The response fromDCBLegal is also exactly as expected. If you’ve had the allocation to the small claims track, that usually includes your N180DQ. Have you received your DQ? What does your MCOL history say.

What do you mean “Strangely with a copy of the defence crossed out”.

You have to be perfectly clear. Show us exactly what you’ve received and from who.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Me and my boys

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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.