Excel/ELMS PCN based on exceeding grace period - defence

thisistheworst

Coupon-mad said:

Yep that followed by the rest of the template will be fine.  It's detailed but needed IMHO.

I don't need the NTK images now as they are all here already:

https://forums.moneysavingexpert.com/discussion/6483542/a-thread-of-pictures-of-2023-parking-firm-ntks/p1

Grand, and thanks very much. Defence submitted today via email and acknowledgement received. Will keep an eye on the post now.

Also... Merry Christmas and a Happy New Year! 

thisistheworst

hello again,

after a long silence I have received a letter (from ELMS legal) saying "URGENT: NOTICE OF JUDGEMENT IN DEFAULT"

I have had nothing else in the post since submitting a defence. I have moved house twice in the last year but ELMS have my current address, I e-mailed it to them long ago and am pretty sure my last correspondence came here. The only other thing I can think of is that an envelope arrived a month or two ago, tracked 48 hour, with nothing inside and no return address. I presume they would have a return address so hopefully that's just noise. It didn't have my name on either!

Logging into MCOL I see:

Your acknowledgment of service was submitted on 09/12/2023 at 21:50:53

Your acknowledgment of service was received on 11/12/2023 at 01:06:40

A judgment was issued against you on 21/03/2024 at 19:07:49

I submitted a defence via e-mail on 27th dec 2023 at 10am and have the receipt, but its not showing up in MCOL...

I'll call the court but is this typical? Obviously it's quite a lot of stress, once again, over the beureaucracy itself rather than the actual dispute.

Any ideas what has gone wrong?

Coupon-mad

Yep you must complain to the CNBC like this:

https://forums.moneysavingexpert.com/discussion/comment/80670384/#Comment_80670384

Ask for £250 compo as well.  Their mess-ups are so common they are paying out.

thisistheworst

In case it helps others, the person on the phone told me to forward my defence (with claim number and "FAO Manager" in the subject line) to claimresponses.cnbc@justice.gov.uk asking for the default to be revoked. I also asked about the compensation in the email, as the person on the phone had no idea about it (they did mention getting legal advice...).

It seems the email address for responding has changed from the old ccbc aq one to the one I typed above, and those of us caught in the middle just submitted our defences to nowhere. I noticed the guidance sticky has the new email already.

I'll keep an eye on it for a couple of days before calling back, and will update here. Thanks for a quick response

Coupon-mad

Yes we know the emails all changed 3 weeks ago - see the first 12 steps in the Template Defence thread to get you back on track now.

For compensation for distress send a complaint to whatever the new email list (which is of course in the first 12 steps) says is the one for CNBC complaints.

thisistheworst

Thanks, have an order to set aside the CCJ and also got paid the compensation. Now filling out DQ / N180

I've put "no" for the paper hearing and not listed a reason, I presume that's ok?

Also, I am struggling to know which e-mail to send to for Excel/ELMS. I've got an e-mail for Excel so I've cc'd them (litigation@excelparking.co.uk), but haven't got one for their solicitor (ELMS) - do I need to keep looking or is e-mailing the claimant enough?

KeithP

I just stuck elms legal email into google and up popped a suitable answer. Try it. 

Their contact us webpage offers the same email address too.