County Court Defence

car1954

Thanks.
Well Court have said that they allowed 33 days from 5 December which is their normal practice.
They stated they have received nothing from Parking Eye and have sent nothing out to either party so ??? who knows!!

Coupon-mad

Some PPCs send a N180 early, it's very common, they just download one and use it and don't wait to get one from the CCBC. That is normal for this sort of PPC scam.

It's calculated to make Defendants feel on the back foot and not know what is happening, and it worked with you when you got it!

How can the court's letter be dated 5th December, the same day you say you filed the defence (is that correct)? What did the 5th December letter say?

car1954

Yes I was a bit confused about the date of the letter being the same as the date of my defence but then I reasoned that perhaps they put the same date on letter as the date from which the 33 days is calculated ie allowing 5 days. So letter says:

5 December 2018
I acknowledge receipt of your defence. A copy is being served on the claimant ( or claimant's solicitors) The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.
Where he wishes to proceed the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapse, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

Coupon-mad

OK, but I really question that it is actually stayed. Seems too quick.

car1954

Yes I agree but what is clear is that the Court had not received a copy of the N180 from Parking Eye - so even if the 7th was too quick, it is now the 9th and the Court still have received nothing from them...so that all helps. I will keep you posted on outcome.
Thanks for all the info.

car1954

I would add though that although I posted my defence in the post box, I did also start the procedure on line but put a comment that I did not feel that the word count given for the defence was adequate so I was posting it. Perhaps because the court were notified of the defence on the 5th December, that time started running from then??

Coupon-mad

I did also start the procedure on line but put a comment that I did not feel that the word count given for the defence was adequate so I was posting it

I really, really hope you didn't type that in the DEFENCE box. Please say no.

car1954

I don't understand what you mean? I can't exactly remember where I put it but are you thinking that the 'filed ' defence is ' there's not enough room here etc..."
If that was the case, then when they received my posted defence, with the same case reference number, it would all be married together. There can't be 2 defences with the same case reference??

car1954

plus I enclosed a letter with my defence advising that I had begun the process of submitting defence on line etc

Coupon-mad

I can't exactly remember where I put it but are you thinking that the 'filed ' defence is ' there's not enough room here etc..."

Yes it is, sorry.

That's proved by the fact the CCBC responded to your online defence, several days before they would have received the posted version.

You have filed no defence at all and would have to pay a 3 figure court fee to change it. Sorry. You can't ask the CCBC to use the posted one, it's a nullity, arrived too late. You'd already completed the defence box.

We know this is true because someone once put 'TBA' in a defence box and they blew it by doing so.

Expect ParkingEye to try to proceed if they can.

You are VERY LUCKY if it currently lies stayed, very lucky, but I don't expect PE to let this one lie as they can cherry pick you off the tree now, with no defence at all.

If you get away with this one, can you tell me next week's Lottery Numbers please?