County Court Claim - Parking Eye / Birchanger Service Area Bishop Strotford

Coupon-mad

See what the dates say on MCOL.  If it looks like CCBC may have missed your email, phone them on Monday and ask why they missed your defence that was sent to the right email and beat the Claimant's attempt at default judgment that was too late (hopefully).  I'd be surprised if P/Eye applied for default judgment within 2 days of deadline, I think you will have beaten them and CCBC missed the email.

Stay on the phone, don't be fobbed off if this is the CCBC's error and if they say you have to apply to get it set aside at your costs, insist on speaking to a CCBC Manager.

estevenin

Redx said:

You are supposed to keep checking MCOL claim history to ensure that the Defence was logged , plus people receive an auto email receipt in their inbox folder or spam folder , so those should have been checked too , not just Assume that sent means received !!

Login to MCOL and copy and paste the claim history below , it's only a dozen lines at most

If your deadline was Friday the 13th then nobody would email it 4 days later although PE were quick off the mark if they filed for judgment that quickly !!

Your actual deadline was the 19th of July according to KeithP !! So sent 2 days early !!

Plus no point telling us in a Sunday because the CCBC isn't open at weekends

Forward the email from your sent folder to the ccbcaq email address today , adding a note that it was sent on the xxth day of July ( change XX to the date sent ) and tell them that they failed to log it promptly , if that is true !!

Actions are required , not just making assumptions that everyone does their jobs properly

Now please post that claim history below , we want to see exhibits , not hearsay , thank you !!

Oh ok. I had in mind that this woud take several weeks. Here is the history, looks like it was indeed not received :

Claim Status

A claim was issued against you on 10/06/2021
Your acknowledgment of service was submitted on 23/06/2021 at 00:13:58
Your acknowledgment of service was received on 23/06/2021 at 08:05:16
A judgment was issued against you on 27/07/2021 at 19:17:50

Thank you, I will forward the email right now, and give them a call tomorrow morning. Any chance that their email : : CCBCAQ@Justice.gov.uk is no longer receiving claims and that they should be contacted through another mean of contact ?

Coupon-mad said:

See what the dates say on MCOL.  If it looks like CCBC may have missed your email, phone them on Monday and ask why they missed your defence that was sent to the right email and beat the Claimant's attempt at default judgment that was too late (hopefully).  I'd be surprised if P/Eye applied for default judgment within 2 days of deadline, I think you will have beaten them and CCBC missed the email.

Stay on the phone, don't be fobbed off if this is the CCBC's error and if they say you have to apply to get it set aside at your costs, insist on speaking to a CCBC Manager.

I will phone them tomorrow and do as suggested

Thank you, I'll update tomorrow

estevenin

Just forwarded the email, and did receive a confirmation this time. The other email was definitely sent, it didn't bounced back to me. That means that they might be in "their own" SPAM folder and they can find it somehow ? Anyway, will call tomorrow and mention that.

Coupon-mad

This has happened before and is an error by the CCBC not you.  

People file defences to that email address all the time.  Occasionally we hear about them overlooking one.  

You MUST be prepared to insist on speaking to a manager if the clerk starts to tell you that you have to pay a £100 fee and complete a N244 firm to set it aside. No you don’t.

Redx

As above , but it was your job to keep an eye on your claim history to ensure that the receipt arrived and that the defence was logged within a few days to prevent this from happening, be insistent that the correct address was used and the error occurred due to their internal processes etc , escalate to a manager if necessary , because you want the error logged , the default removed and your defence logged

When you post a letter you don't know that it's been received by the recipient unless you check with them

This process is no different , yet now you are begging the CCBC to fix it

estevenin

Hi all,

Just spent a few minuts on the phone with them. They have told me that my deadline was 28 days after the claim was issued, so until the 13th of July. I though so as well but the date mentionned by Keith was the 19th of July. I couldn't explained to him why it was the 19th of July, as I couldn't understand myself why, it says 28 days since service, this is what he explained to me, and I couldn't counter his argument.

Then, they haven't received that email anyway and I should have expected an automated response (Which I didn't know, as I explained to him, I wasn't meant to know an automated response should have arrived, he understood that). Then, from the email that I forwarded yesterday, he said that this would be out of time.

I didn't ask to speak with a manager because I couldn't say anything about the 28 days... I said I will call back once I have the legal reason why I was allowed to file until the 19th ?

Redx

Service date is 5 days after the issue date , to allow it to reach the defendant , date of service is never the issue date , never , because it is deemed to arrive 2 days after posting , but they allow an extra 3 days in case it's a bank holiday weekend ( 3 extra days )

The 28 days started on the service date , making 33 days after the issue date , providing that the AOS is not done in the first 5 days , meaning done on the service date or after the service date

28 + 5 = 33 when I was at school 😁😁😁

So as !ong as the AOS was done 5 or more days after the issue date , that gives a deadline that KeithP worked out correctly , as he always does , so his date not yours ( see page 1 )

If you sent it early , then you should have received an automated email receipt in your inbox or spam folder , plus you should have logged into MCOL daily and checked the claim history until it showed as logged , chasing the CCBC if it wasn't

The default day was reached 33 days after the issue date , hence why you are now out of time
your timeline was

Issue date , 10 June
Service date , 15 June
AOS confirmation 23 June

Defence emailed 17 July , 2 days early
Deadline date , 4 pm on 19 July , 33 days after the issue date , 28 days after the service date

No auto receipt for the Defence email

No defence logged by the CCBC

Judgment issued on 27 July ( default )

Umkomaas

I think the court is correct on the dates, but a non-receipt of a defence is the real killer. 

estevenin

Thanks RedX for the explaination. But if I follow corretly, if the issue date is on the 10th of June and we add 33 days to that, it gives us the 13th of July is that correct ? 19th of July would be 38 days after issue date, and 33 days after date of service ?

Redx

estevenin said:

Thanks RedX for the explaination. But if I follow corretly, if the issue date is on the 10th of June and we add 33 days to that, it gives us the 13th of July is that correct ? 19th of July would be 38 days after issue date, and 33 days after date of service ?

Looks that way , but 2 days late would have been ok if PE didn't file for judgment , if the defence arrived 

But as Umkomaas says , the real killer is no auto receipt proving receipt , so it wasn't logged , even if it was a few days late. Not logging the defence before judgment was the main issue here

Even if it was emailed on the 13th July , it still needed an auto receipt and logging !!!

Just because the deadline is say the 13th , nobody is forced to take it to the wire !!

I am currently dealing with a warranty company , where my emails are in my sent folder but they claim not received

We are currently at the stage of realising that their email anti virus programme is killing it on receipt due to the attachments they require ( jpegs of invoices )

So we are currently trying to find a way around their scanning of email problems