Default judgement entered for UKPC PCN

Le_Kirk

No, I think it is to sort out the maladministration of your original defence submission.

Coupon-mad

Ale88WL said:

Update: sent an email with a formal complaint to CCBC last Friday (18th March) attaching the original defence and the email exchanges with CCBC.

 A letter just came through the post (dated on the 18th).

"Dear XXXX,

Re: Case number XXXXXX Uk Parking Control Limited vs. XXXX

I am writing in regard to the above claim.

Please be advised that your case has been referred to a District Judge for directions on how to proceed.

It can take 2-4 weeks to receive a response at which point you will be notified accordingly. 

If you require any further information, please email us or contact our helpdesk on the number above.

Please accept our apologies for any inconvenience caused.

Yours faithfully, "

Does it mean now the judge will look into the case/defense?

Oh good, they will look at (hopefully) setting aside the erroneous default judgment.

If so, the case then gets allocated out to your local court as normal, and the usual next stages apply, as set out under the red heading in the NEWBIES thread 2nd post.

Ale88WL

FYI, Received this email today (in case it can be useful to others).

"Dear XXXXX

 

Thank you for your recent complaint received on 18 March 2022.

 

I am part of the complaints team and I am writing in response to your complaint.

 

I am sorry you have been having these issues when filing your response to the court.

 

Thank you for bring this to our attention.

 

My Understanding of your complaint is

 

You are unhappy with the following points:

Having a county court judgment (CCJ) register.

Sending your defense by email but it not being processed

Not receiving the bounce back notification.

being cut off on the phone when trying to contact the helpdesk

 

What Has Happened.

Upon investigation, it appears we did not receive a reply to the claim. Therefore judgment was registered by the claimant.

 

I can see you have made numerous calls to the helpdesk to query this and have been advised about resending the original email with the bounce back, which you did not realize you had received as this had gone into your junk box.

 

Some people have their computers set so certain emails received do go into the junk item and unfortunately the court cannot prevent this from happening, but you should be made aware of this when you call.

 

I can only apologize for the issues you have also had regarding the phone lines.

 

As there is still a limited number of clerks working in the office and at home the lines will place you in a queue if the queue gets to big it cuts out, we are aware of the issues and are working on trying to get these resolved and as things have eased slightly were are trying to recruit staff to ease the pressure.

 

What Happens Next

Thank you for providing the original email and bounce back.

 

I can confirm this has now been referred to a District Judge for direction this was sent to him on 18th March and can take 6-8 weeks to get a decision.

 

Everything at this stage is placed on hold until the judges decision.

 

When the judge gives direction, you will receive notice of this by post telling you the outcome and what you need to do next.

 

I am sorry for the issues you have had and hope this explains the process.

 

If you're unhappy with my response

 

If you're unhappy with the way I've handled your complaint, you can ask our Operations Manager Mrs Angela Hirst to review it. Just write to her at this email address with details of why you're not happy:

 

 Mrs Hirst will get back to you within 10 working days.

 Yours sincerely, "

Coupon-mad

That's useful.  There is at least one other person with the same issue on the forum this month and they are being fobbed off.

What does the bounce-back actually say?

Ale88WL

There was no bounce-back email ever (checked the junk every single day). I made this clear to them in my complaint: sent emails with the defense attached on different days and at different times (always within working hours) and never got a confirmation. Hence there must be a problem with their email system. Hopefully the district judge will set the case aside. 

Ale88WL

Update: after more than 4 months of waiting - and calling the CCBC - finally got the default judgment set aside and the claim counted as defended. They sent the directions questionnaire, which I suppose I can send via email to CCBC and to UKPC and their legal representatives (deadline is 15th of August).

Question: on the letter I received, it states that a copy of the defense is attached (but it was not included in the letter). Do I need to include the copy of the defense again in the email I send back to CBBC (and most importantly UKPC)? 

And do I need to send my witness statement at this stage?  

TYIA

Le_Kirk

Is the letter to you or the claimant?  Sometimes they forget to cross out that the defence is attached; they should only send it to the claimant.  Check your MCOL status page to see what they have done.  You send a copy of YOUR completed DQ to CCBC to the usual address for sending defence (CCBCAQ@Justice.gov.uk) and by copying in the claimant (whoever is noted as claimant on the N1 form) and include yourself so you have proof you sent it.

Coupon-mad

It's the same letter as the Claimant's solicitors.  Your version just doesn't attach the defence (of course not!).

And do I need to send my witness statement at this stage?  

No.

Please re-read the NEWBIES thread section 'IMPORTANT: KNOW WHAT HAPPENS WHEN'.

Ale88WL

UPDATE: Received a letter from the Court that the Claimant has received a general sanctions order to not have filed their DQ on time (although they sent it to me with a proposal to settle the case through mediation, which I rejected).

They have 7 days to comply, let's see what happens....

KeithP

Ale88WL said:

UPDATE: Received a letter from the Court that the Claimant has received a general sanctions order to not have filed their DQ on time (although they sent it to me with a proposal to settle the case through mediation, which I rejected).

They have 7 days to comply, let's see what happens....

No problem. Everyone - Claimant or Defendant - gets an extra seven days to comply if they forget to file a Directions Questionnaire.