Britannia Parking, to late to use MSE?

nosferatu1001

You CANNOT FILE A DEFENCE NOW

It is too late
WAAAAAY too late

You have lost. You have two choices now

1) Pay up, in full, within one month of the default judgement date. Fail to do so within one month, it stays on your credit file for six years. You will not be able to obtain credit.

2) Apply for a set aside, costing £255. You will need a good reason why you did not reply within 14 days. "working aaway" is unlikely to be a good reason.

If you had just gone online, on the 26th, and filed your acknowledgment, you would still havea few days left to submit a defence.
Guess this is a learnign point for you in future.

Loadsofchildren123

You found your way here (good)
You told us that SCS said a claim was going to be issued (good so far)
You were advised to prepare by reading the Newbies information about claims (good)
When your claim came you were referred again to the newbies thread, specifically post #2 which walks you through the process and tells you what to do on receiving a claim, and when (good)
You appear to have ignored all of that and have now received judgment in default. (bad)


Where a party does not file an AoS saying they intend to defend, or does so but then doesn't file an actual defence, then the Claimant is entitled to judgment in default (ie to win their case because you haven't defended it).


The grounds to apply to set aside a default judgment are very narrow. You need to explain why you didn't file anything. I was away and I was busy will not cut it. Normally things like the Claimant using the wrong address or you being away AT THE TIME THE CLAIM WAS RECEIVED might work. The point is that you received the claim and were well aware of it well in time to file the Aos/Defence. The whole point of MCOL is that the initial stages are all done online. So being away abroad is not an excuse. Even if it was - eg you could show you were going away between x dates and you would be in a place with no internet access - you'd be expected to have contacted the Claimant and arranged/agreed an extension fo time to file your defence. The AoS takes minutes to fill in, I can't see any reason at all why you didn't do that.


Why oh why when you'd found your way here and received advice did you just do nothing?


I can't see that you have any real option here but to pay before the 28 days is up.

Loadsofchildren123

And what password?
You make your own password for MCOL when you first register. You aren't given one (as far as I recall).

Belle2001

Hi I can’t work out how to start a new thread so I am responding to this one as it relates to brittania. Cut a long story short back in 2017 I had numerous fines for the car park next to the station because the machine wasn’t working (I have video evidence). I didn’t have access to a mobile at the time therefore couldn’t pay on the APP. These have built up to 935 and I have a claim form from county court come through today I have until 13th November to respond. Is me having the video evidence enough? I also emailed them back and forth last year about the machine and they promised to get the site manager to call me as everyone was having problems and they never did. FYI SCS law are representing them. Thanks to whoever can help me really appreciate it.

KeithP

Belle2001 wrote: »

Hi I can’t work out how to start a new thread...

Start your own thread by clicking on this blue button:

Please also delete your posts on this thread. Thanks.

Coupon-mad

Please don't start a new thread BEFORE reading the 2nd post of the NEWBIES PLEASE READ THESE FAQS FIRST sticky thread.

Please don't post without reading that - first - and doing the online Acknowledgement of Claim the thread show you how to do, in pictures. THEN post if you still have questions while drafting your defence.