Being taken to court by NCP & BW Legal

Coupon-mad

Remove all this and keep it for your witness statement:

The defendant subsequently received a PCN but his appeal was rejected on the basis that "...several payments were made successfully via our payment machines before, during and after your parking period". Being unable to prove the machines were not working, the Claimant ignoring a request to check CCTV footage, the defendant said he would pay the original parking fee but not the PCN.

The defendant subsequently visited the car park, again for a hospital visit, but this time took video footage of his attempts to pay. It shows the first machine was again unpowered but the second machine was switched on. The defendant paid his current parking fee (plus an additional amount to cover the parking episode that is the subject of this case) but no ticket was issued.

Unsure as to whether the transaction had gone through, the defendant checked online as to whether there was an outstanding invoice for his car registration - there wasn't. Still not sure, the defendant telephoned but gave up after 45 minutes on hold leaving his number for a call-back which came three days later. The payment (including the additional amount) was made over the telephone and a receipt number obtained. The ANPR invoicing system still showed no invoice over these three days. 

Retain this last bit but edited as shown:

 On a subsequent visit, the defendant also received a PCN for alleged non-payment. This was subsequently withdrawn when the defendant was able to prove he had paid using the receipt number.  On that occasion, one machine was offline and one was working, and the Defendant took video footage to prove it.  Whilst that event is not part of this claim, it will be used in evidence to show that these machines do randomly go offline and that the Defendant's witness testimony is true. In fact, because the Defendant was so wary of the system on the second visit, they also paid by phone retrospectively (and had already paid double on the second occasion) and in total, they had in fact paid the parking fee five times, for two visits.  And still got a PCN both times.  It is the Defendant's case that the system was not functioning properly/fully over a period of time and this PCN should also have been withdrawn.

simmotech

Thanks coupon-mad.

I'm not sure where paid five times came from though.
First visit: Both machines not working
Second visit: One machine not working; one machine payment which ultimately didn't go through and one payment several days later via telephone.

Maybe attempted to pay 5 times and got 2 PCNs.

Also the response
"We can confirm that our records show that several payments were made successfully via our payment machines before, during and after your parking period. However, we have found no payment for your vehicle, matching the vehicle registration number."
seems to be a cut & paste response (by Google search). Is it worth bringing this up and if so, in the defence or witness statement?

simmotech

I've sent the defence to CCBCAQ@Justice.gov.uk and got an email receipt.

The receipt says any attachment must be in a format supported by the specified court to which it is sent.
But the link given to check, http://www.hmcourts-service.gov.uk/onlineservices2/important_info/claim_criteria.htm is broken.

Is PDF a valid format?

Le_Kirk

simmotech said:

Is PDF a valid format?

Yes, it is as per the advice in the NEWBIE and defence template, in what format did you attach yours?  Check your MCOL status page to see if your defence has been received and accepted.  I suspect it is a standard phrase in the auto reply.

simmotech

Didn't show on the MCOL status page. Is it over?

Coupon-mad

It can't possibly update immediately.  You emailed a defence (correctly, you didn't use MCOL) so someone at the CCBC has to handle that email and manually click in to update MCOL, which they will in a few days.

Le_Kirk

simmotech said:

I've sent the defence to CCBCAQ@Justice.gov.uk and got an email receipt.

The receipt says any attachment must be in a format supported by the specified court to which it is sent.
But the link given to check, http://www.hmcourts-service.gov.uk/onlineservices2/important_info/claim_criteria.htm is broken.

What does the auto reply say exactly?

simmotech

 

Thank you for emailing the County Court Business Centre, please accept this as a receipt of your email.  Where a response is required we will endeavour to respond to your email within 10 working days (please do not re-send duplicate messages)

 If you’ve submitted a complaint, please note that the Court will aim to reply within 10 working days. (please do not duplicate complaints)

You should not come to any of our court and tribunal buildings if:

• you have coronavirus symptoms
• you have tested positive for COVID-19 or are waiting for a test result
• you have been instructed by the NHS to self-isolate

If we’re expecting you, let us know as soon as possible if you’re not coming to the court or tribunal.

 

If you should have any queries please forward to CCBC@JUSTICE.GOV.UK

 

The County Court Business Centre is a separate entity to Northampton Combined Court and therefore only deal with CCBC and Traffic Enforcement queries.   We do not deal with Family, Probate or Bankruptcy matters.

 

Guidance is accessible online 24 hours a day at

http://www.hmcourts-service.gov.uk/onlineservices2/important_info/claim_criteria.htm

 

Court staff are not legally trained.  If your query is in relation to whether you have a valid claim, we will be unable to comment on this matter.  You may wish to seek professional legal advice from a Solicitor, Legal Executive or Citizens Advice Bureau. 

 

Please note that attachments must be sent in a format supported by the software used by the specified court to which it is sent.  These formats are listed on Her Majesty’s Courts and Tribunals Service website.  Attachments sent to a specified court in a format not listed will be treated as not having been received by the court.

The time of receipt of a transmission will be recorded electronically on the transmission as it is received.

If a transmission is received after 4pm any document attached to the transmission will be treated as filed on the next day the court office is open.

If you are having problems completing an electronic form please visit the below link, it contains useful information about using Adobe which may be of assistance: https://acrobat.adobe.com/uk/en/products/about-adobe-pdf.html

 

To view an up-to-date list of our current processing and response times please visit www.gov.uk/guidance/hmcts-civil-business-centres-performance-information.

 

 

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This message is automatically generated; please do not reply to this message.

Thank you.

 

This e-mail and any attachments is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail. Internet e-mail is not a secure medium. Any reply to this message could be intercepted and read by someone else. Please bear that in mind when deciding whether to send material in response to this message by e-mail. This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. Monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.

Le_Kirk

Yep, standard auto reply.  Did you send your defence as a .pdf?  If so, you should be fine.  Can you now see your defence as being received on MCOL?

simmotech

Yes it was a .pdf but it still isn't showing on MCOL.