CCBC as have been ill and missed letters, BUT machine was faulty and I'd paid but no receipt

crested_grebe

HELP please! And yes I've read the FAQs but have CFS/ME brain fog and can't find similar circumstances.
I've been increasingly ill since last March plus caring for parents (Dad has dementia, both had to shield so I've been their only help) so post piled up and I only just opened a letter informing me of a CCBC claim for a total of nearly £250 (inc court fees) for a PCN issued UNFAIRLY last March.
I'd parked in a NCP but could not get the machine to work. I made three attempted payments. Lost two lots of two pounds, and also went
through the process of paying £8 with my card. It was a Saturday evening and others were struggling so I left a note on the dashboard explaining I'd made the three payments but had no receipt. I assumed if the machine were faulty as it seemed and the card payment had failed I'd be ok.
So, at this stage I can't stomach or afford paying £250 for something I don't owe as I made genuine attempts to pay and did pay at least £2, plus I genuinely have been too ill and too overwhelmed to open post and had not deliberately ignored. I also can't risk a CCJ or the cost escalating further.
I know I did nothing wrong but I have no receipts as the machine was faulty.
It looks like earlier on in the process I could have requested SAR to see if their data would prove my case...such as the three attempts
at paying closely spaced and/or if the data for that night indicate a faulty machine. There's no record of my card attempt according to my bank.
The claim date is 9th February so I think I have until the 28th to respond.
I can't decide whether to pay up to avoid the risk of further costs as the letter says the CCourt will either reject the claim or issue CCJ plus extra charges and then try a small claims against them, or submit a defence?
I contacted their lawyers who said they can only take the payment (but not all at once if that helps...!!!) and I tried to get in touch with NCP but they don't provide a phone number and all my attempts to start an online chat were ignored.

Any advice gratefully received. I am in deep financial and emotional stress with no support whatsoever throughout the pandemic.
Thank you.

KeithP

crested_grebe said:

The claim date is 9th February so I think I have until the 28th to respond.

You have more time than you think.

With a Claim Issue Date of 9th February, you have until Monday 1st March to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 15th March 2021 to file your Defence.

That's nearly three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

crested_grebe

Thank you KeithP I really appreciate you taking the time to respond and confirming the timescales. Yes I'd already found the AOS bit, but I'm still not sure where to start constructing my defence or what to put in it...do I even stand a chance when I have
no 'hard' evidence to present?? Is there any chance of a direct link to the post please as my brain is totally addled by all this!! Thank you again

crested_grebe

Ah I think I may have found the bit you're referring to ..the link to a template on how to send the defence in by email?? But am I missing any established guidance on what to say in my defence or is that bit totally up to me?    Oh the joys of brain fog. I have a half decent brain hidden, somewhere...

KeithP

I could give you another link to the second post in the NEWBIES thread but it would be exactly the same as the link I have already given you.

Earlier I wrote...

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

KeithP

crested_grebe said:

Ah I think I may have found the bit you're referring to ..the link to a template on how to send the defence in by email?? But am I missing any established guidance on what to say in my defence or is that bit totally up to me?    Oh the joys of brain fog. I have a half decent brain hidden, somewhere...

Why aren't you reading stuff properly?

The first few lines of that Defence Template thread that you have now found look like:

Re-read the last sentence there.

crested_grebe

Thank you Keith I did in fact find the defence template on my 4th attempt...it was on the next page (browser is magnified to help reading). I am not finding or assimilating new information as well as I used to due to CFS/ME induced cognitive challenges. Hence my plaintive cry for help! I choose to view my currently crap and erratic comprehension skills with as much humour as possible, so your comment did make me smile, but CFS/ME brain fog is a genuine challenge for many. 
Unfortunately I'm too far away from the car park to check the nature of their signs but will adapt it as best I can to explain the genuine attempts I made to pay. Thank you again.  

Coupon-mad

Google Street View is not too far away to show you the signs.

nosferatu1001

Only show us what you have changed
You shouldnt be changing ANYTHING other than 2 and 3 unless you know why you are changing it. 

Snakes_Belly

Where was the car park?  Have the PPC sent you any images of the infringement yet? If you put a note on the car and the PPC has captured this in an image it proves that it was not an afterthought.

You can request that the PPC provide the ticket machine records for that day and time period.

These sort of cases can be defended and if you look at my main thread I defended a claim whereby the ticket machine was not working. Defences have moved on since my hearing to include other defence points.