County Court Business Centre

1505grandad

A heads-up:-

Hopefully you have read and understood the Template Defence and therefore realise that the existing para 7  in the Template states -  "He was not taken by either party to Somerfield in point #5 above and in any event it is worth noting that the lead Southampton case of Britannia v Crosby was not appealed."

As you now have more than paras 2 and 3 - and therefore have to renumber the subsequent paras - you have altered the reference to point 5 accordingly.

Redx

shamrock83 said:

 With the letter, I meant from CP Plus direct not their solicitors but will delete that point.

But whose fault is that ? Unlikely to be the fault of the claimant , they post the PCN to the name and address listed on the DVLA database , it's what they all do , because it is their job to do so. We see people say this all the time , but it's usually because they have failed to update the V5C,  Which they are under a legal obligation to do , with a possible fine of up to £1000

Be careful what you wish for , lack of paperwork is no defence , non receipt is no defence , concentrate on the items that matter , don't open doors that cause you to drop down a lift shaft. !!

shamrock83

Hi All, I emailed my defence to ccbcaq@justice.gov.uk on the 29th December 2021 at 15:11. Today I received a letter from CCBC to say Judgement for the claimant as I have not replied to the claim form. I have logged back into moneyclaim.com and it say my acknowledgement of service was submitted on 7/12/2021 at 15:22, followed by Your acknowledgment of service was received on 07/12/2021 at 16:02:09. Any idea if I have messed or if the email address I sent defence to is wrong?

KeithP

shamrock83 said:

Hi All, I emailed my defence to ccbcaq@justice.gov.uk on the 29th December 2021 at 15:11. Today I received a letter from CCBC to say Judgement for the claimant as I have not replied to the claim form. I have logged back into moneyclaim.com and it say my acknowledgement of service was submitted on 7/12/2021 at 15:22, followed by Your acknowledgment of service was received on 07/12/2021 at 16:02:09. Any idea if I have messed or if the email address I sent defence to is wrong?

You sent your Defence to the right email address.

You Acknowledged Service in a timely manner.

I've checked the dates I gave you and believe my post on 7 December 2021 at 2:26PM is correct. 
Those deadlines are based on the Claim Issue Date you supplied - 25th November 2021. Was that good?

When you sent your Defence, did you receive an automatic email receipt?
You did leave the filing of a Defence rather close to the 4pm on 29th December deadline.

If all that is good you must ask the CCBC why have they not properly recorded the receipt of your Defence.

shamrock83

Hi. Yes I'm looking at the paperwork now and the issue date is 25/11/2021. I never received an automatic email receipt from the 29th of December. I've double checked the email address and I've sent it to the correct one in newbies section.

KeithP

Then phone the CCBC tomorrow - number on your Claim Form.
Give them the exact date and time that you filed your Defence and ask that they investigate.

Redx

shamrock83 said:

Hi. Yes I'm looking at the paperwork now and the issue date is 25/11/2021. I never received an automatic email receipt from the 29th of December. I've double checked the email address and I've sent it to the correct one in newbies section.

Recently we have found a few failures if Gmail was used , whereas Hotmail worked immediately

As mentioned above , phone them tomorrow and tell them you emailed it on 29th of December and you do not understand why they didn't log it , also email it again checking for the email auto receipt

Sending an email is like sending a letter , no proof of receipt , no proof of being logged either

Coupon-mad

This has happened before due to the CCBC using a dodgy email system that doesn't work properly when they are closed. 

ONLY those who have insisted that the matter/complaint is put before a Judge have had the order revoked.

Do not take no for an answer.

Do not come back here telling us that they said it was "your fault for not knowing you needed to get an acknowledgement email".

Stay on the phone and forward the December email and defence from your sent items and ask for the complaint and your proof of defence being filed on time, to be put before a Judge and you KNOW as well as the CCBC staff do, that this is a continuing fault at their end with a faulty email system since Summer 2021.

Be insistent but polite and ask to speak to the Court Manager and demand to know why the CCBC is still letting this happen to people six months after the fault was first reported in the public domain.

Redx

Another question if they get stroppy is

Why don't you allow an upload of the pdf n1 defence , plus the subsequent N180 , it would be simpler , especially if they issued an email acknowledging the uploaded defence !!

A defendant is unaware of what should happen or why the emails system intermittently fails for no apparent reason

Popla allows an appeal to be uploaded , especially in this 21st century post pandemic electronic everything world !

shamrock83

Hi, Just an update on this in case anyone else is in a similar situation when you email your defence to the correct email address but for some reason they haven't received it. I called the contact number and was met with the expected robotic questions of 'why didn't you call when you didn't get the acknowledgement email' and 'why didn't you call the next day to see if it was received'. I batted these off and asked for it to be escalated to a manager. A helpful representative called me back and asked for evidence i sent it on time and to the correct email address. A few screenshots of my sent items were then sent across. The rep called me back the next day to say everything is on hold as its been referred to a district judge for direction. Yesterday I received a letter off DCBL of notice of debt recovery threatening to add more costs. Today received a letter off HM Courts and tribunals service to confirm it is now referred to a District Judge for direction.

Not really sure what to expect from here but there should be a decision in 2-4 weeks