Going to court for parking in my own spot

MrDramatique

Evening all, I fear I have made a mistake with my defence submission in rushing.

I used the online system within MCOL to follow through the steps of the defence submission and noticed that it would not let me continue without entering something in the defence text box so I simply stated: "Defence has been submitted at ##:## on the 09.06.2019 from ### email address."

I feat that's actually a stupid mistake and I should have waited until court staff updated that for me upon receipt of my email defence. So currently my defence simply reads as that statement.

Will this be an issue?

KeithP

MrDramatique wrote: »

Will this be an issue?

Yes.

Have you already filed your Defence by email as described in post #4 above?

I don't understand why you felt the need to do anything on MCOL, but writing something in the Defence box is just plain crazy.

Perhaps you should speak to the CCBC first thing in the morning and ask them to sort it out, but see if others have a better idea.

Hopefully you sent the email Defence first, so you could argue that that emailed Defence should be accepted and your second submission should be ignored.

MrDramatique

KeithP wrote: »

Yes.

Have you already filed your Defence by email as described in post #4 above?

I don't understand why you felt the need to do anything on MCOL, but writing something in the Defence box is just plain crazy.

Perhaps you should speak to the CCBC first thing in the morning and ask them to sort it out, but see if others have a better idea.

Hopefully you sent the email Defence first, so you could argue that that emailed Defence should be accepted and your second submission should be ignored.

Crazy might be a stretch of the imagination but I certainly admit to it being a mistake after seeing it generating the defense on the form for me. I genuinely thought, there's two ways to do this, online or by paper, and I chose the former. There's a few questions and steps to go through that I thought would be mandatory or at least I could select something such as 'sent by email' etc.

Yes my defence was sent by email before I completed the MCOL defence section. I'm sure it can easily be sorted tomorrow morning as you've said.

BrownTrout

I think actually you will be ok Given you have already submitted your appeal

KeithP

MrDramatique wrote: »

Crazy might be a stretch of the imagination...

Well it does actually say in Bargepole's 'what happens when' post, linked from the NEWBIES thread and pointed out to you earlier:

Do NOT put anything in the 'Defence and Counterclaim' text box, not even a full stop.

I agree with BrownTrout.

MrDramatique

I'm aware of what it says Keith but as I was convinced that online section was still a requirement regardless of posting or emailing my defense, I felt I had no option but to enter something as it couldn't continue otherwise. It is not entirely apparent whether submitting a defence via post or email entirely replaces that stage of the online process.

I appreciate your help thus far with the exception of calling me crazy when I've openly admitted I've made a mistake after coming to the realisation. :beer:

henrik777

It shouldn't be a problem but not all court staff are particularly intelligent or sensible.

If you need to do anything after you've contacted the court read the rest of cpr 17.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part17#17.1

Amendments to statements of case
17.1

(1) A party may amend his statement of case at any time before it has been served on any other party.

nosferatu1001

Once you submit the acknowledgement on MCOL, you do not use the system any further to do anything. Its all email from then on.

Ring the CCBC
Confirm they are accepting your defence emailed on X at Y time as your defence, as the submission on MCOL. proves.

MrDramatique

For all those interested I rang this morning and they had already dismissed the online submission due to the fact I had emailed prior. All good!

Le_Kirk

Wow, good stuff. The next thing that will happen is that you should see, if you log on to MCOL that your defence has been submitted and then accepted. After that, sit back and wait for the Directions Questionnaire (DQ) to be sent by the court. In the meantime, after a few deep breaths and sighs of relief, read the NEWBIE section post # 2 and look for the "what happens when" posted by Bargepole in which he tells you, well, what happens when but specifically how to complete the DQ.