Please check my draft defence! Parallel Parking LTD

Le_Kirk

Money_Savvy said:

B789 said:

There are plenty of WS on here that refer to it. Do a search and see where and how they have added it to their WS.

Thank you! Should I put it in my WS rather than my defence then?

Coupon-mad said:

Both, if your case was about loading/unloading.

But, of course, in the defence it is written in the third person whereas in the WS it is the first person and no evidence goes with a defence, you merely need to make sure in the defence that you refer to it and you can then back up and support it with evidence (the transcript) in the WS.

Money_Savvy

Hi all,

I've just received a 'Judgement for Claimant (in default) letter dated 29th September 2023 stating I have not responded to the claim form. Therefore ordered to pay the the claimant a total of £281.77.

I did send the defence email which I have proof of and was waiting to hear for further correspondence. Have I missed something here?

UncleThomasCobley

Money_Savvy said:

Hi all,

I've just received a 'Judgement for Claimant (in default) letter dated 29th September 2023 stating I have not responded to the claim form. Therefore ordered to pay the the claimant a total of £281.77.

I did send the defence email which I have proof of and was waiting to hear for further correspondence. Have I missed something here?

Something is not right. If you have the auto-receipt acknowledgement email from the CNBC and you also have the email in your "sent" folder showing it was also copied to the claimant or their solicitor, then you have a leg to stand on. However, did you not subsequently receive an N180 DQ? If you didn't, then that's another helper. However, if you did not respond to the N180 DQ, you could be on shaky ground.

UncleThomasCobley

When did you actually submit your defence? There's nothing from you after 17th August when you were still asking about whether to include a reference to Jopson in your defence.

Did you receive the confirmation acknowledgement email when you say you emailed your defence to ccbcaq@justice.gov.uk? Is that the email address you used?

Money_Savvy

UncleThomasCobley said:

Money_Savvy said:

Hi all,

I've just received a 'Judgement for Claimant (in default) letter dated 29th September 2023 stating I have not responded to the claim form. Therefore ordered to pay the the claimant a total of £281.77.

I did send the defence email which I have proof of and was waiting to hear for further correspondence. Have I missed something here?

Something is not right. If you have the auto-receipt acknowledgement email from the CNBC and you also have the email in your "sent" folder showing it was also copied to the claimant or their solicitor, then you have a leg to stand on. However, did you not subsequently receive an N180 DQ? If you didn't, then that's another helper. However, if you did not respond to the N180 DQ, you could be on shaky ground.

I sent the defence email to CCBC as stated in the sticky thread NOT CNBC. I have the sent email and the auto-receipt acknowledgement of this email saved as proof. That is all the correspondence I've received up to this letter dated 29th Sept. 

Money_Savvy

UncleThomasCobley said:

When did you actually submit your defence? There's nothing from you after 17th August when you were still asking about whether to include a reference to Jopson in your defence.

Did you receive the confirmation acknowledgement email when you say you emailed your defence to ccbcaq@justice.gov.uk? Is that the email address you used?

I sent on 21st August at 09:30 am. The deadline day. I received an auto response email immediately.

Money_Savvy

Money_Savvy said:

UncleThomasCobley said:

When did you actually submit your defence? There's nothing from you after 17th August when you were still asking about whether to include a reference to Jopson in your defence.

Did you receive the confirmation acknowledgement email when you say you emailed your defence to ccbcaq@justice.gov.uk? Is that the email address you used?

I sent on 21st August at 09:30 am. The deadline day. I received an auto response email immediately.

And yes, the email was to CCBAQ@justice.gov.uk x

UncleThomasCobley

So, you are saying that you never received an N180 DQ or any correspondence after filing your defence? This is highly unusual. You should immediately contact the CNBC (formerly known as the CCBC) and ask them why you have received a default CCJ after submitting your defence with proof of acknowledgement from them and then never received anything after that except the default judgment. Ask them why weren't you sent an N180 DQ which would have notified you of allocation to the small claims track?

Which court was the default judgment made in? Northampton or somewhere else?

Money_Savvy

UncleThomasCobley said:

So, you are saying that you never received an N180 DQ or any correspondence after filing your defence? This is highly unusual. You should immediately contact the CNBC (formerly known as the CCBC) and ask them why you have received a default CCJ after submitting your defence with proof of acknowledgement from them and then never received anything after that except the default judgment. Ask them why weren't you sent an N180 DQ which would have notified you of allocation to the small claims track?

Which court was the default judgment made in? Northampton or somewhere else?

Yes, 100% did not receive any other correspondence either by email or post. No N180 DQ or anything else. I'm currently trying to get through on the phone number supplied on the letter. waiting 30 mins so far and they close at 5pm.

It was Northampton the default judgement was made.

Thanks for your help!

UncleThomasCobley

It sounds like another !!!!!!-up by the CNBC. You must explain to them that you never received anything after the defence was filed. You must tell them that you have proof of filing the defence, including their auto-response to the email filing. You must initiate a formal complaint to the CNBC.

Hopefully they will admit their error and initiate a set-aside without you having to go through the whole process. Do not hang up unless you get no response by 5pm. Try again tomorrow asap if you can't get through today.