Email Reply from CNBC after submitting a defence against MET Parking Services

Simple_Sailor

Hello everyone,

Before I get started, I'd like to thank everyone that has contributed to the fight against unlawful parking tickets ! you have all been a big help.

Background:
Received a Parking Charge Notification from MET Parking Services at Stansted, for parking contravention of leaving the car park on 25/11/2023.
NTK was dated 21/12/2023 which is 26 days after the contravention and beyond the 14 day POFA time frame. And in line with the christmas postal cut off dates, weekends and bank holiday rules it was also "served" beyond the 28 days limit for a driver on 27/12/2023 which is 32 days after the parking contravention.

NTK wasn't a POFA one. I have not made notification of the driver or admitted liability in my Appeal which was flatly refused with a default generic reply.

Anyway, I have a good defence and have replied with my written defence as per the template and advice on this forum.

So my Question:
As per step 6 of the 12 step guide by Coupon-mad:

IMPORTANT - MAKE SURE YOU GET AN EMAIL ACKNOWLEDGEMENT BACK FROM THE CNBC! 

What is classed as a response from the CNBC?
I got the following in an auto email on the day of emailing my defence with 6 days until the deadline and making sure that the document was PDF, Signed, Name Underwritten and lass than 25 pages and 10mb.

"Thank you for emailing the Claim Responses Team in the Civil National Business Centre. Please expect a response to your enquiry in 10 days

When sending us documents please ensure you comply with the Practice Direction 5B

Hyperlink to: Word Wide Web .justice.gov.uk/courts/procedure-rules/civil/rules/part05/pd_part05b

Documents not complying will not be accepted, in particular if it is over 10MB or 25 printed pages in size.

Is this auto response classed as a valid reply from the CNBC that the documents have been received and entered? or am i waiting for some specific wordage along the lines of Thank you for submitting your defence we will be in contact with further steps later?

I am currently on the phone to the CNBC to see if they have accepted it but i am position 88 in the que...

Any advice would be greatly appreciated.

Coupon-mad

I am currently on the phone to the CNBC to see if they have accepted it but i am position 88 in the queue

Why? Clearly that's the acknowledgement.

Gr1pr

The auto email response does confirm receipt 

Your MCOL claim history will tell you when it's been logged 

Schedule 4 of Pofa2012 doesn't apply at airports, the 7 month rule applies, as does no keeper liability 

Simple_Sailor

Coupon-mad said:

I am currently on the phone to the CNBC to see if they have accepted it but i am position 88 in the queue

Why? Clearly that's the acknowledgement.

As i wasn't sure if an auto response is what i was waiting for or a specific one.
I have checked the MOCL status and the list of Recent Transactions for Defendant only shows submission and reception of my Acknowledgement of Service so I am unsure if they have accepted it or not.

Down to position 10 after an hour and 10 minutes lol.

With regards to the POFA and no Keeper Liability at Airports being non relevant land, the Particulars of the Claim specifically state "Defendant is pursued as the Keeper pursuant to POFA 2012 Schedule 4"
which specifically show they are trying to invoke the POFA to go after the Keeper, which they cannot do.

So they cant have their cake and eat it, its either the Driver, which i was not, or the keeper which is me and who they have issued the CCJ against.

So the CNBC auto reply is classed as reception of the Defence and i need not worry further until more documents arrive in the form of the Directions Questionnaire from the CNBC.

Simple_Sailor

So after an hour and 26 minutes in the que, spoke to a chap and he confirmed that its not showing on his system yet but it can take several weeks to process on their end.

As such, the Auto Response Email is the proof of sending and that date will be used as its submission date even though it can take several weeks to turn up on the system. So in theory all should be good...

Coupon-mad

Down to position 10 after an hour and 10 minutes lol.

Put the phone down. There's nothing to ask.

"the Particulars of the Claim specifically state "Defendant is pursued as the Keeper pursuant to POFA 2012 Schedule 4"

Please show us the POC that says that. And don't redact the location. 

Simple_Sailor

Attached for reference:

Gr1pr

the date is incorrect in the POC, so I hope that you used the @shahib_02 defence, as seen in their recent thread  ?

Simple_Sailor

I did indeed use that defence as part of my defence, although it took some searching for as the sifting through the forum for "@shahib_02 defence" is a bit tricky to track down as its been referenced in several places but there is no direct link to the post itself.

ChirpyChicken

What a waste of time on the phone.

Simple_Sailor

The shahib_02 defence - Paragraph 3

https://forums.moneysavingexpert.com/discussion/6576011/cel-dcb-legal-pcn-cnbc-claim-defence-assistance-required-please/p1