County Court Claim for a Free Car Park Parking Ticket - help please

B789

You'll need to go for a set-aside on the basis that there was a failure in the crap technology that the CCBC have in place.

You need to find the email that you sent, in your sent folder, and look at the header info which should show the date and time it was sent. You will use as proof this in your set-aside that the email was sent but the CCBC system failed to acknowledge or bounce back the email.

B789

This is what you need from your 'sent' email header. This is from an email I sent yesterday to MSE mods and whilst it was received by them, if it hadn't and did not bounce back as 'undeliverable', I could use the highlighted date and time as evidence that it was sent.


MIME-Version: 1.0

Date: Tue, 14 Mar 2023 12:29:42 +0000

References: <KP2YMEXE9EY@zendesk.com> <KP2YMEXE9EY_64105e5fc9799_4a4a4c3894c9_sprut@zendesk.com>

In-Reply-To: <KP2YMEXE9EY_64105e5fc9799_4a4a4c3894c9_sprut@zendesk.com>

Message-ID: <CAOYkGn+4AfwH-jtCy-woXBV3DcSvDdguaJjUZH77dr7Z2o-ZyA@mail.poomail.com>

Subject: Re: Reported Post: #79918480

From: b789 <b789@anemailaddress.com>

To: "MoneySavingExpert.com" <support+id1186855@moneysavingexpertcom.zendesk.com>

Content-Type: multipart/alternative; boundary="000000000000d9228505f6db615b"

--000000000000d9228505f6db615b

Content-Type: text/plain; charset="UTF-8"

Hi,

I cannot understand why you need a link to the thread that has been

reported as that should automatically be in the notice you get from the

forum software.

However, for the avoidance of doubt, this is the thread that I have

requested be closed due to a duplicate thread which was started before this

thread was moved to the forum:

https://forums.moneysavingexpert.com/discussion/comment/79918480#Comment_79918480

Coupon-mad

This has happened before and we have a similar case right now on the forum.  This one by @sk7diver:

https://forums.moneysavingexpert.com/discussion/6417155/dcblegal-ltd-letter-of-claim-on-behalf-of-cp-plus-group-nexus/p5

You need to send a formal complaint like that one, and like others before you.  Contact the complaints team shown in the thread by @jag_run 

B789

I would also add words to the effect that this predatory combo of PPC/solicitor relies on this type of technology failure which defendants are often subject to, and can be evidenced, to get their CCJs by default. This is typical because these 'default' CCJs include the false add-ons/damages that have previously been thrown out and evidenced as an abuse of the court process/double recovery.

Coupon-mad

I think if you are persistent you should get this reset, though.  This is one of loads of similar failures by the CCBC.

Do what I advised already.

hallie28

A little update that might be helpful - thank you guys for all your pointers.  I am sure you know this below information, but I'll provide it anyway. 

After submitting over 10 emails without a response, and a lot of unhelpful phone calls, I finally spoke to a lovely customer service assistant on the phone. She advised me that most emails with attachments bounce 'a few times' and that the system struggles to obtain emails with attachments. She advised sending an email without attachments and referring the availability of attachments in the email. She also advised that for complaints the best email CCBC@Justice.gov.uk - this gave me a bounce back email on the first occasion attempt. 

Thanks :-) 

Coupon-mad

hallie28 said:

A little update that might be helpful - thank you guys for all your pointers.  I am sure you know this below information, but I'll provide it anyway. 

After submitting over 10 emails without a response, and a lot of unhelpful phone calls, I finally spoke to a lovely customer service assistant on the phone. She advised me that most emails with attachments bounce 'a few times' and that the system struggles to obtain emails with attachments. She advised sending an email without attachments and referring the availability of attachments in the email. She also advised that for complaints the best email CCBC@Justice.gov.uk - this gave me a bounce back email on the first occasion attempt. 

Thanks :-) 

But that (not attaching the proof that you emailed the defence) won't work for your complaint.  You have to prove you sent an email with an attachment and the only way to do that us to show it, with attachment.

Also they are not 'lovely' if the CCBC staff are cheerfully telling Defendants that their system often fails people who email their Defence, and that they know they have a black hole in their email system.  Explaining to you now how to get around their own repeated and KNOWN system failure (by not attaching anything) is hopeless!

Time is of the essence because you are about to get a (six year damaging) CCJ imprinted on your credit rating...

B789

hallie28 said:
Whilst the actual country has internet, the nature of the reason for my travel meant that I was unable to access the internet or have access to a phone. I find this forum so helpful, and then comments like this really make me wonder what the hell some people's intentions are?! I am not here to lie or to divulge the complexities of my life and career!

As I mentioned, I was digressing. Everyones intentions here are to assist you in getting this CCJ set-aside. However, having almost transparent skin and making it obvious to us is not necessary and you really must expedite your set-aside. As @Coupon-mad has now pointed out above, forget all the flowery niceties of "lovely" customer service personnel who fluff over the failings of their email system that has landed countless defendants with default CCJs because of it. Fortunately for you, you are now in the right place to get your free advice, unlike the majority who fall victim to this and have no idea what to do about it.

hallie28

Hi guys, 

Thanks for the advice regarding submitting a complaint - without this I would have paid the fee's given the shoddy advise the courts originally gave me. 

I have had a response today with an apology and the below: 

.............

I have arranged for your claim to be referred to a District Judge advising them the response from you was received prior to the judgment being registered. No fee is payable by you as we are referring the claim of our own motion due to the original response not being processed.

 

Once reviewed by the District Judge an order will be issued to both parties to the claim advising of the outcome of our referral.

 

If the District Judge orders the judgment be set aside a General Directions Order will be issued to you confirming this. A Certificate of Satisfaction/Cancellation would not be issued to you as these are for when the judgment has been paid in full and not set aside.

 

The General Directions Order will be issued to you by post once reviewed.

 

I am sorry you have not received the level of service we expect to provide you on this occasion. I do understand the inconvenience this has caused you and the team that deal with responses to claims will receive feed back from me to ensure lessons are learnt for future contact.

.......................

If the judgement is set aside, and I get a GDO, is this the same as the Directions Questionnaire (N180), and I continue to follow the guidance on the newbies thread? 

Any help appreciated

Thanks

B789

I think that the GDO will probably note that the CCJ is set aside and order that the claim is either re-served or thrown out. I stand to be corrected by someone with a better legal understanding of the system.