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Excel Parking - Claim Form - Defence
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Well I can safely state that my experience of the County Court Business Centre is not a positive one! I tried twice last week to get through to them on the phone and after long waiting periods was cut off both times when the lines should have been open...
I managed to get through today and complained over the phone, whilst I forwarded on the original defence email as proof and a strongly worded complaint email, I made sure to mention the poor telephone service as well. They say not duplicate complaints, but I sent my proof and complaint email seperately, I hope this won;t be a problem...The agent strongly refuted being able to access the email inbox..which I found odd and advised that my complaint and proof would be responded to via email.
I'm not sure if I should have demanded to speak to someone else on the phone or whether to wait for the response to my email.
Believe me I will not accept having to pay £275 to appeal, that is disgusting to expect me to pay that for an error of their making. At this rate I may have to complain to my MP about my whole situation as D_P_Dance suggested.1 -
Redbread said:Well I can safely state that my experience of the County Court Business Centre is not a positive one! I tried twice last week to get through to them on the phone and after long waiting periods was cut off both times when the lines should have been open...
I managed to get through today and complained over the phone, whilst I forwarded on the original defence email as proof and a strongly worded complaint email, I made sure to mention the poor telephone service as well. They say not duplicate complaints, but I sent my proof and complaint email seperately, I hope this won;t be a problem...The agent strongly refuted being able to access the email inbox..which I found odd and advised that my complaint and proof would be responded to via email.
I'm not sure if I should have demanded to speak to someone else on the phone or whether to wait for the response to my email.
Believe me I will not accept having to pay £275 to appeal, that is disgusting to expect me to pay that for an error of their making. At this rate I may have to complain to my MP about my whole situation as D_P_Dance suggested.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Not yet. HM Courts and Tribunal service acknowledged my complaint at the last minute and asked for more information and proof. I downloaded and attached all the emails and correspondence I sent, renamed them "Email Sent A" etc. and referenced them in a full timeline of events.
There is definitely something wrong with their email system, as it wasn't just my original defence that didn't get through, my first complaint didn't receive an acknowledgment either. I had to try more than once for my emails to get through and to get acknowledgement emails. For some bizarre reason it filters out legitimate emails or something along those lines.
I now expect they will take their time investigating my complaint because they don't want to admit their email system is faulty. In that time I expect I'll have a CCJ put against my name because I doubt they'd hold that off whilst my complaint is being investigated, that would be too convenient. I am optimistic.1 -
Here's another case like yourshttps://forums.moneysavingexpert.com/discussion/6340414/default-judgement-entered-for-ukpc-pcn#latest
This first started happening late Summer, over 6 months ago. Never used to happen.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Redbread said:Not yet. HM Courts and Tribunal service acknowledged my complaint at the last minute and asked for more information and proof. I downloaded and attached all the emails and correspondence I sent, renamed them "Email Sent A" etc. and referenced them in a full timeline of events.
There is definitely something wrong with their email system, as it wasn't just my original defence that didn't get through, my first complaint didn't receive an acknowledgment either. I had to try more than once for my emails to get through and to get acknowledgement emails. For some bizarre reason it filters out legitimate emails or something along those lines.
I now expect they will take their time investigating my complaint because they don't want to admit their email system is faulty. In that time I expect I'll have a CCJ put against my name because I doubt they'd hold that off whilst my complaint is being investigated, that would be too convenient. I am optimistic.
TIA1 -
My complaint wasn’t necessarily the most concise but I think it got my points across:
“Good Morning
I would like to formally complain in regards to Claim no. XXXXFirstly, I have received a 'Judgment for Claimant (in default)' despite submitting my defence well in time. An email was sent with the defence attached in pdf format on the XX/XX/XXXX: XX:XX. I have forwarded the original email to you as proof.I demand that this case is put before a Judge to reverse this mistaken Judgement. I do not see why I should have to make an application to set this aside as this is clearly caused by court error and is not my fault. I have looked into this issue and found out this has happened to other people, you must know that this has happened several times before to individuals so you are aware of the issue. This is not acceptable and I look forward to you correcting this mistake.
Secondly, I have been informed that your phone lines are open from 08:00 AM until 05:00 PM. Despite waiting in the call queue for a long time, I was cut off stating that the lines are closed at XX:XX AM. There was no mention of lines closing for lunchtime. This is not acceptable.
Thirdly, I would also like to mention that I spoke on the phone to one of your advisors today who stated I should have received an acknowledgment email and to forward this on to you, you have also stated this in your current email response as well. This was not received. How was I supposed to know I should receive such an email? My defence was sent successfully, and no acknowledgement was sent out to me.
I also sent a similar official complaint email earlier today but only received a confirmation/acknowledgement email for the evidence email I had sent separately. Clearly there must be an error with your email system as all my emails show as being sent successfully and I have received no bounce back errors.
This is not fair as I have followed the Defence process as was asked of me. If you are unwilling to look into this matter I see no other option than to complain to my MP.
I look forward to your response.
Kind Regards”
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I am very pleased! Just received a "General Directions Order" letter from the CCBC.
"Upon the court considering the court file, on the courts own motion
It is ordered that:
Set aside Judgement and transfer to defendants local court.
Defence was filed within time and Judgment was entered in error."
For anyone else who experiences this issue, if they ask for further information/explanation just do what I did: download all the emails, rename them (Email Sent A, Email Received A, Email Ack A), attach them, and provide a timeline of events referencing them:TimelineSun 09/01/2022 13:15 - "Email Sent A" - This...Mon 14/02/2022 11:16 - "Email Sent B" - This is...Mon 14/02/2022 11:17 - "Email Sent C" -Mon 14/02/2022 11:40 - "Email Sent D" -Mon 14/02/2022 14:56 - "Email Sent E" -3 -
Ale88WL said:Redbread said:Not yet. HM Courts and Tribunal service acknowledged my complaint at the last minute and asked for more information and proof. I downloaded and attached all the emails and correspondence I sent, renamed them "Email Sent A" etc. and referenced them in a full timeline of events.
There is definitely something wrong with their email system, as it wasn't just my original defence that didn't get through, my first complaint didn't receive an acknowledgment either. I had to try more than once for my emails to get through and to get acknowledgement emails. For some bizarre reason it filters out legitimate emails or something along those lines.
I now expect they will take their time investigating my complaint because they don't want to admit their email system is faulty. In that time I expect I'll have a CCJ put against my name because I doubt they'd hold that off whilst my complaint is being investigated, that would be too convenient. I am optimistic.
TIAPRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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For interest, Further email correspondence -
CCBC:"I am a Team Leader at the County Court Business Centre (CCBC) and I am writing in response to your complaint.
Your ComplaintI'm sorry that you have had to make a complaint about the way that your case has been handled.Thank you for your patience - and for sending your documents again.
I've looked into what happened and we have no trace of your original defence email. I'm not sure exactly what happened as you have sent everything correctly to the correct email address. I'm sorry this happened.
I also spoke with our helpdesk team and advised them of the office closed message that you received and they have advised us that although there are sometimes issues with the phone line, it is not possible for our phone lines to say this whilst we are open. They have called all the lines themselves to ensure that everything is as it should be, and they all state the opening hours of 8:30am-5:00pm and do not give a closed message during these times. I'm sorry this happened and I am unable to give you an explanation for this.
Next Steps
I have checked the case and can see that the claimant have applied for a Writ of Control ( enforcement ) to recover the money. We have written to the Claimant to advise them to stop the enforcement as we have made and urgent referral of your case to a Deputy District Judge (DDJ), for their directions. The evidence you provided of your original email and your defence has been included. It is the DDJ's decision on whether to remove the judgment based on your evidence.
The DDJ has made the decision to set aside the judgment, meaning that it will be removed completely from your credit file, and refer you case to your localy County Court for your defence to be herd. The local Court will be in touch to arrange a hearing."
My response:
Dear XXXX
Many thanks for your response and for dealing with my complaint in a timely and professional manner.
I have been in touch with some other individuals who have experienced the email issue and I hope your technical teams are able to investigate the root cause. Perhaps it's my role as a XXXXX which makes me seem keen to resolve such problems but I can ensure you it would be very much appreciated by your customers and clients.
Thanks again and take care.
Yours sincerely
XXXXX
I may email this persons Operations Manager, not to complain about how they dealt with my case, but to insist they look into the root cause of this email problem and get it fixed. It will save them time and resource, and help customers/clients immensely.2 -
Brilliant stuff, especially as Ale88WL was told there was nothing they could do and it wouldn't be placed before a Judge, when we know that's not true. Can you give us the team leader's email please and we will use it only for similar complaints?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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