Parking Eye LTD Witness Statement - Another one bites the dust

YoungDriver123

Last week on the 18th of April The judge issued to me to be in default as my Defence was not received however, I submitted acknowledgement of service which was acknowledged, however, my defence, which I sent via email was not acknowledged and I don’t think the court actually received. During the period of submitting my defence to judge passing default I was attempting to call the court however could not get through to double check. 

Now I have a fresh CCJ still within the one month and have the option to set aside or pay. I’m looking to buy a house this year so CCJ Is the last thing I want to happen but I wanted to win another case in court against these private parking cowboys!! I want to appeal based on the favour and email was sent to the court, my defence was more entirely based on zero visibility of signage, My friend was living at the apartment, and I was helping him move in, Honestly, no record of receiving previous letters from the private parking company, was given permission from landlord, etc. I’m double checking the email and there may be a typo in the email to the court but need to double check! But I have proof of acknowledgment of service and an email sent out prior to the judgement 


Do you think with this I have a good case of set-aside based on me sending the email/ defence is winnable? I’ve won before so this slip up is annoying

Coupon-mad

When was the defence sent exactly, and to what email.  These answers will be in your sent emails so very easy to check.

There's a possibility of getting this set aside by complaining.  No application needed.

YoungDriver123

Good Morning! 

Thank you for the fast response.

i sent the email to ClaimResponsesCNBC@justice.gov.uk on 14th of April 2024

Castle

YoungDriver123 said:

Good Morning! 

Thank you for the fast response.

i sent the email to ClaimResponsesCNBC@justice.gov.uk on 14th of April 2024

The 14th of April was a Sunday and there's a "." missing after "ClaimResponses".

YoungDriver123

I acknowledge it was a Sunday that’s why I called in attempt to confirm it was received on the Monday and Tuesday but was stuck on hold for hours. 

Oh no. Very frustrating, would complaining work or setting aside?

lisyloo

If you never actually sent it then what is the basis of your complaint?

Wouldn't it be easier to use snail mail in this scenario? (there are fast and tracked services) 

YoungDriver123

Are you referring to posting it now? 

Mikeh2001

YoungDriver123 said:

Good Morning! 

Thank you for the fast response.

i sent the email to ClaimResponsesCNBC@justice.gov.uk on 14th of April 2024

You could try a compliant by phone, phone early in the morning.  Ask to speak to the manager.  You will have to kick up a big stink and hope that CNBC takes pity on you for the mistake.  I wouldn't do anything via post.  You could also follow up via email to: caseprogression.cnbc@justice.gov.uk

By sending the defence to the wrong email address, you made the mistake - not the court or the claimant.  Emails to that address now get a "Delivery Failure" report, did you get that?

If the complaint is unsuccessful maybe a judge would agree to set aside based on based on "he defendant has a real prospect of successfully defending the claim" (see link below) - however that would be a big risk to take on your credit rating and probably cost more than the PCN - not something I would consider.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.3

YoungDriver123

Thank you Mikeh2001,

tried calling but couldn’t get through but before I truth again I just want to clarify exactly what I’m asking for? 

Not a set aside but what is the wording I should say instead? 

Coupon-mad

But you have to phone at 8.30 am to get through.  That's why @Mikeh2001 said:

"phone early in the morning".

YoungDriver123

Hello CouponMad, thanks for the speedy response here. I appreciate that I called soon after his comment @10am and will continue to try until I get through! 

I’m still confused as to what I’m asking for if I don’t want them to do a set aside?