ESP ANPR PCN Claimform - Crossgate Church/Landmark St Marys Street North Preston PR1 5LG,

[FTMDave]

Yes, it looks like it, but it got lost in the court system.

[FTMDave]

The initial stages of a court case are typically done on-line through MCOL.

1.  The fleecers start their claim, and a claim form drops on your mat.

2.  You get on MCOL and file Acknowledgement of Service.

3.  A fortnight later you get back on MCOL and file a defence.

That is what dx's guide above told you to do, and Nicky Boy said the same.  It's what every motorist who is sued does in every thread on this forum.

But you've e-mailed the defence instead of doing it on-line and the damn court has gone and lost it.

As dx says, get back on the phone to the court, point out that you did e-mail a defence, and see what they say.  Then we can take it from there.

[Speedjawa]

Just got an answer.

 

The courts are in cahoots with the swindlers. I missed the date despite the fact they have now found the defence I submitted. They tell me that I sent it to the wrong email address (actually the email address I was told to send it to) and because they didn't get it on time all I can do now is to pay £270 to file another defence and hope for the best.

So... Do I pay the court £270 or the swindlers £287? All this for being legally parked in a space I pay for in a block payment.

SPEEDJAWA

 

[dx100uk]

you sent it to the SAME email address you sent the AOS form too?

please check.

 

 

dx

 

[Speedjawa]

I have a choice. I can pay the court £275 to have them look at the possibility of setting aside the CCJ or pay the swindlers £287. They found my defence which went to the wrong email address, although it was the return email, that I was told I could reply to.

As you are aware, most emails cannot be replied to. So I just sent a return email.

I may end up paying the court and then paying the swindlers. It's a lose lose situation.

SPEEDJAWA

[dx100uk]

please ANSWER MY QUESTION!!

[Speedjawa]

Probably not. I asked if I could fill it in and return it via the email address that it came from. She said that would be fine. When I spoke to them, they found the attachments right away. However, theygave me the answer I passed to you - Pay up £275 and they will look into setting asside the CCJ.

[dx100uk]

look at the header of the email

 

PLEASE answer my question...

its very important!!

 

[Speedjawa]

Auto Response - DO NOT REPLY

This is just the acknowledgement of receiving my email with the attachments which I sent to: [email protected]. I wouldn't reply to this. This is like 99% of their email - it cannot be replied to.

SPEEDJAWA

 

[Nicky Boy]

Jawa,

I believe DX is asking for the actual email address you sent your defence to.

Whether you were just repliying to their email is irrelevant.

What addresse did it go to, and was it the same address as your AOS went to?

 

(I believe the email formats may have changed recently)

[Speedjawa]

It went to the address quoted above. As far as I remember, the AOS went to [email protected].

 

[dx100uk]

MCOL is only one way of responding to a claim. 
(AOS, DEFENCE, N180 ETC)
.
If you are having problems logging in, or would prefer not to use MCOL, 
you can fax, email or post your response to the Court instead. 

If you send your response by e mail 
please send it to [email protected]

ensure you quote “Claim number xxx xxx (type of response i'e AOS , Defence, N180)” in the subject field. 
..............................

when you send to that email the reply comes from [email protected]

that email does not accept replies!!

so for the umpteenth time.

we need the actual email address from your email that had the defence attached to it.

it cant have been ccbc!!

 

dx

 

 

 

[Speedjawa]

For the umpteenth time, the email address I sent my defence to, and the email address from which they retrieved it from earlier is... :[email protected]

That's it. That's where they found my attachments. No idea how, must be magic. I can't tell you any more. It was the acknowledgement email that could not be replied to. I get that. I see that all the time. All I did was fill in the form hit the return button, attached the file and hit go!

It went - they just didn't open it until this afternoon when they looked for it.

[dx100uk]

ok you'll have to ring the claimant solicitors and pay the CCJ else it will get registered  

[FTMDave]

I'm very sorry about you getting this judgement, which is blatantly unfair.

However, why you didn't just follow the instructions dx and Nicky Boy gave, like everyone else in hundreds of similar threads, is beyond me.  Your unpalatable choices now are -

1.  Pay the fleecers their £287.  If you do it within 30 days of judgement you won't get a CCJ.

2.  Pay £275 you'll never see again to apply to set aside judgement, which should go in your favour, but you might get a moany judge deciding it was your own fault.

3.  Defy the court and not pay.  I've been here seven years and have never seen the fleecers enforce for just a single ticket.  But if you do this you'll have a knackered credit file for six years.

[Speedjawa]

You answered your first question yourself. I listened to everything they said. What I did wrong was to email my defence to the wrong email address which meant I went over the time allowed to put in the defence.

Also, you say you've looked at this stuff for 6 years. It's my first time. Not easy being confronted by 6 pages of court jargon. Especially difficult after chemotherapy, Oesophageal cancer and open heart surgery within 15 months.

Also, the solutions were flying in from different sources which I found very confusing.

[Nicky Boy]

So sorry it's ended this way for you Jawa.

Lessons learnt though?

If it ever happens again... (Sounds like a possibility with the way  you've described the dodgy photo's), next time address the situation a lot earlier by coming here. Preferably BEFORE you get a court claim.

And use the MCOL system rather than emails, letters, etc.

You can log on at any time to check status / progress. (DX asked you to do this twice, which would have highlighted the missing defence).

 

I know it can be a little overwhelming, but if you read and re-read everything, things do work. (better than 85% success rate with cases on the forum)

By far the biggest problem we see is users not reading stuff properly. (One of DX's regular moans)

 

Anyway, all the best for the future and I hope your health improves soon.

[Speedjawa]

Gladstones Solicitors or ES Parking, the same bunch 

Just had to phone them to pay of the CCJ. After i paid it the woman told me to hold while she checked if I had any further fines to pay!

Cheeky, or what?

 

SPEEDJAWA

Edited May 25, 2023 by dx100uk
swearing removed

[dx100uk]

hope they didn't say FINES.

 

dx

 

[Speedjawa]

They said outstanding... anything outstanding...

[dx100uk]

well a private parking charge is not a FINE nor a penalty charge notice and never can be

i notice you used both in your defence.

they a speculative invoice because the driver broke some imaginary contract the parking company had with the land owner.

now if this is or not true or if the civil contract is currently legally binding under civil law is another totally diff kettle of fish.

 

dx