Claim Form Defence - Incorrect payment amount/Zero communication received

cmyk87

KeithP said:

cmyk87 said:

KeithP said:

Yes, Northwest Parking Management Ltd are members of the BPA's Approved Operator Scheme.

Hi,

I emailed my defence on Thursday following the instructions you left but I've had no reply. I've also sent an email to chase it up on Friday but no reply to that either. With the last date to file my defence being the 5th of May, do you think I should send it via post? If so, what else do I need to attach with the Defence document? Do I need to fill out the N9B that came with original claim form and send that with it? Any pointers would be great and I can get that sent first thing on Tuesday (Bank Holiday tomorrow)

Resend your Defence by email to the CCBCAQ address during the working day on Tuesday.

You should get an automated email receipt by return. 
Have you checked your spam folder?
Look again at your email outbox to check that you spelt CCBCAQ@Justice.gov.uk correctly.

Thank you. The email address is correct and I've received no spam or reply. I will try emailing again on Tuesday. I send the original email on Thursday at 5pm. Was that out of hours?

KeithP

cmyk87 said:

KeithP said:

cmyk87 said:

KeithP said:

Yes, Northwest Parking Management Ltd are members of the BPA's Approved Operator Scheme.

Hi,

I emailed my defence on Thursday following the instructions you left but I've had no reply. I've also sent an email to chase it up on Friday but no reply to that either. With the last date to file my defence being the 5th of May, do you think I should send it via post? If so, what else do I need to attach with the Defence document? Do I need to fill out the N9B that came with original claim form and send that with it? Any pointers would be great and I can get that sent first thing on Tuesday (Bank Holiday tomorrow)

Resend your Defence by email to the CCBCAQ address during the working day on Tuesday.

You should get an automated email receipt by return. 
Have you checked your spam folder?
Look again at your email outbox to check that you spelt CCBCAQ@Justice.gov.uk correctly.

 I send the original email on Thursday at 5pm. Was that out of hours?

The court's (public facing) working day ends at 4pm.

cmyk87

Umkomaas said:

I emailed my defence on Thursday following the instructions you left but I've had no reply. I've also sent an email to chase it up on Friday but no reply to that either.

Have you checked your MCOL history?

Yes, there has been no update there unfortunately

cmyk87

KeithP said:

cmyk87 said:

KeithP said:

cmyk87 said:

KeithP said:

Yes, Northwest Parking Management Ltd are members of the BPA's Approved Operator Scheme.

Hi,

I emailed my defence on Thursday following the instructions you left but I've had no reply. I've also sent an email to chase it up on Friday but no reply to that either. With the last date to file my defence being the 5th of May, do you think I should send it via post? If so, what else do I need to attach with the Defence document? Do I need to fill out the N9B that came with original claim form and send that with it? Any pointers would be great and I can get that sent first thing on Tuesday (Bank Holiday tomorrow)

Resend your Defence by email to the CCBCAQ address during the working day on Tuesday.

You should get an automated email receipt by return. 
Have you checked your spam folder?
Look again at your email outbox to check that you spelt CCBCAQ@Justice.gov.uk correctly.

 I send the original email on Thursday at 5pm. Was that out of hours?

The court's (public facing) working day ends at 4pm.

Thank you Keith. I'll send it again first thing on Tuesday morning.

cmyk87

Fruitcake said:

It's a shame the driver has been identified because the marina is covered by Port Authority byelaws, so a keeper can never be held liable, plus a driver failing to pay is not a Hartlepool byelaws breach.
It's too late to mention it now the defence has been submitted, but you should include it in your witness statement later in the process.

It wouldn't hurt to let the claimant know this in advance in separate correspondence.

Thank you for the advice. I'm not sure if this applies to my case? I parked where all the shops and cafe's are. I wasn't using the port or harbour? I took a look at the link you sent but it sounds as though that's only applicable for people visiting the neighbouring port sites. Thank you I do appreciate it

Fruitcake

The whole of the marina from the seaward side of the headland to the east of the marina to roughly where the A179 passes to the west, and all the way down to the river Tees is enclosed within the Port Authority area covered by byelaws. This includes all the car parks and retail outlets. 

cmyk87

Fruitcake said:

The whole of the marina from the seaward side of the headland to the east of the marina to roughly where the A179 passes to the west, and all the way down to the river Tees is enclosed within the Port Authority area covered by byelaws. This includes all the car parks and retail outlets. 

Thank you so much. Please pardon my ignorance, I would love to include it in my defence but I have no idea what this means. 

Fruitcake

You can't add anything to your defence without it costing you a lot of money.

Hopefully you should be able to introduce it into your witness statement later in the process. 

cmyk87

Fruitcake said:

You can't add anything to your defence without it costing you a lot of money.

Hopefully you should be able to introduce it into your witness statement later in the process. 

I'm resubmitting the defence tomorrow as it seems they never received it. I could potentially add it in however I'm not sure what to write as I'm finding it difficult to understand how it applies. Thank you for the advice

Fruitcake

Add it then as a new paragraph and renumber the others.
Base it on the fact that the marina is covered by port authority byelaws (quote which ones), applies to all vehicles on the site, and has takes precedent over anything an unregulated private parking company displays on their signs. A driver failing to pay a parking charge is not a breach of these byelaws, therefore cannot be held liable for the charge.
In any case, a breach of byelaws can only be pursued through the magistrates court, and only within six months of the alleged event, as determined by the Magistrates Act.