Results 1 to 7 of 7

Thread: Help! Received Judgement in Default from County Court Business Centre

  • Share
  • Thread Tools
  • Display
  1. #1
    mhj's Avatar

    Junior Member



    Joined
    Dec 2017
    Posts
    14
    Mentions
    1 Post(s)

    Default Help! Received Judgement in Default from County Court Business Centre

    Hi,

    I recently received a Judgement in Default from the County Court Business Centre following an unpaid parking ticket from Parking Control Management UK and Gladstones Solicitors.

    This is apparently due to the fact that they never received the email I sent them within the time limit to submit my defence. After contacting them it appears to boil down to the fact that the attachment I was trying to send in the email was over the size limit for their email servers. However, I didn't receive any guidance on this when I phoned them to ask for the email and neither is it clear on their contact details page. When sending the email as well I also had no 'email unsent' notification which is usually common if email servers are unable to accept files of a certain limit.

    I have emailed them since and they have informed me that my only course of action now is to pay a £255 fee to have the judgement set-aside. I was wondering if anyone on here knows of any other action I might be able to take to prove that I did indeed send it in time and that it's clearly due to a technical error that they didn't receive it.

    Hoping someone can help as I put a lot of time into writing a long defence which I'm sure would have seen me win had it gone to a hearing. I posted in the parking tickets forum previously and was very kindly helped by @charitynjw

    Fingers crossed someone knows some way!

  2. #2
    cotswoldtony's Avatar

    Junior Member



    Joined
    Jan 2018
    Posts
    10
    Mentions
    2 Post(s)

    Default Re: Help! Received Judgement in Default from County Court Business Centre

    Your correspondence in legal matters needs to be sent via royal mail so you have proof of posting because you have no proof with emails unless you receive a response and you can print off a copy... a lawyer will know no response to your email is to their advantage and telephone calls are hear say in court unless recorded. You need to inform the court and the plaintiff's lawyer of your defence in writing by post not emails then there is a record in both places. Sorry to say you have created your own problems using emails and not turning up in court was the nail in your coffin, chalk it up to experience or set aside the judgement it's up to you.

  3. #3
    ostell's Avatar

    VIP Member



    Joined
    Mar 2013
    Posts
    2,794
    Mentions
    241 Post(s)

    Default Re: Help! Received Judgement in Default from County Court Business Centre

    Were you sending your defence to Gladstones or the court?

    MCOL has the ability to accept documentation by email and provides a positive response. It also lists on the case status. PS it is a claimant not a plaintiff in County COurt.

  4. #4
    MIKE770's Avatar

    VIP Member



    Joined
    Apr 2009
    Posts
    5,619
    Mentions
    164 Post(s)

    Default Re: Help! Received Judgement in Default from County Court Business Centre

    Quote Originally Posted by ostell View Post
    Were you sending your defence to Gladstones or the court?

    MCOL has the ability to accept documentation by email and provides a positive response. It also lists on the case status. PS it is a claimant not a plaintiff in County COurt.

    Claim responses & directions:
    ccbcaq@hmcts.gsi.gov.uk

  5. #5
    ostell's Avatar

    VIP Member



    Joined
    Mar 2013
    Posts
    2,794
    Mentions
    241 Post(s)

    Default Re: Help! Received Judgement in Default from County Court Business Centre

    OK, so it's the correct place It's not unknown for defendants to send to the claimant's solicitors without realising it has to go to the court.

    As said emails are not the most reliable means of communications. A reject message is a function of the receiving email server and some people choose no to implement a return of an error message. Never assume silence is delivered.

  6. #6
    Diana M's Avatar

    Authorised Representative



    Joined
    Jun 2016
    Posts
    5,138
    Mentions
    944 Post(s)

    Default Re: Help! Received Judgement in Default from County Court Business Centre

    Quote Originally Posted by cotswoldtony View Post
    Sorry to say you have created your own problems using emails and not turning up in court was the nail in your coffin, chalk it up to experience

    There was no court Hearing for the OP to attend.

    A Hearing wouldn't take place until after the Defence had been filed, Directions Questionnaires filed/served by both parties and the case transferred from MCOL to their local County Court for allocation to track and listing.

    This was a Default Judgment and MCOL is a processing centre for claims issued online.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  7. #7
    mhj's Avatar

    Junior Member



    Joined
    Dec 2017
    Posts
    14
    Mentions
    1 Post(s)

    Default Re: Help! Received Judgement in Default from County Court Business Centre

    Hi @ostell. I have only just seen this, apologies. I hadn't received any email notifications so didn't realise anyone had posted. I sent the defence to the court via email to ccbcaq@hmcts.gsi.gov.uk This is the correct address but unfortunately I didn't realise there was a size limit of 10mb for attachments and my file was 17mb (user error, I hadn't checked before I sent it).

    They are now saying that although I can show it is in my sent items via a screenshot, that because they cannot find it at their end (as it was obviously undelivered) and I don't have proof of sending it by means of their auto response, that they can't do anything.

    Unfortunately I was following an online instruction which said to send the defence formatted as a PDF via email rather than through the MCOL system as it allowed you more room for defence and also the MCOL system would ruin any formatting that had been put together.

    I was hoping that someone might know whether I have a leg to stand on in being able to prove that because it's in my sent items within the time and date limit, that I did indeed sent it. Obviously if I have no other option then I will have to figure out if I believe paying the £255 fee to have the judgement set aside is worth it or not.

    If I was to pay to have it set aside, would I still run the risk of then also having to pay Gladstones / UK Parking Management the £260-odd they are asking for? Say it was set aside, would I then still go through the remaining process and eventually end up in court to defend the claim?

    - - - Updated - - -

    Hi @Diana M, you're correct - I haven't attended anything as unfortunately my defence was never received by the court. Do you know if I have any legal leg to stand on (so to speak) whereby if I was able to show, via a screenshot for example, that the email with the attachment was in my sent items withing the allotted time period?

Similar Threads

  1. County Court Business Centre Letter Received
    By OliverJames in forum Going to Court
    Replies: 119
    : Yesterday, 09:39:AM
  2. Received Claim Form - County Court Business Centre
    By sjs2000 in forum PPC's - Parking Charge Notices
    Replies: 14
    : 7th May 2017, 19:08:PM
  3. Claim form received from County Court Business Centre
    By Consumed1 in forum Received a Court Claim?
    Replies: 60
    : 5th April 2016, 07:30:AM
  4. Claim form received from County Court Business Centre
    By Consumed1 in forum Welcome Forum
    Replies: 7
    : 5th March 2016, 21:48:PM
  5. Claim received from Northampton County Court Business Centre
    By jowillo13 in forum Parking - Live Court Claims
    Replies: 1
    : 6th September 2015, 20:39:PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2017
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2018 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2018 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2018 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP