UK Car Park Management County Court Defence

Umkomaas

specific10 wrote: »

..... is there any reason not to submit the defence also by the MCOL site?

Because the formatting is all over the place and can look a real mess when printed. You really don't want to be presenting your case like it's been chucked together.

Redx

As detailed in the Newbies sticky thread post #2, mentioned by bargepole

If mcol updated their systems they could allow uploaded documents same as popla, but seem to be in the dark ages, apart from allowing emailed documents in the last couple of years, even their paperwork looks phoney

specific10

Hi,

Bit of a panic, i got my dates a bit messed up, the issue was the 18th July and i have now had a judgement against me. I submitted my defence on Tuesday 20th August before 4pm, which has not been recorded as received but i have the email proof that it went, was this too late and what to do now?? I still would of thought that was within the 33 days to sumbit a defence...

A claim was issued against you on 18/07/2019

Your acknowledgment of service was submitted on 20/07/2019

Your acknowledgment of service was received on 22/07/2019

A judgment was issued against you on 21/08/2019

Le_Kirk

According to KeithP and his very accurate post: -

With a Claim Issue Date of 22nd July, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 27th August 2019 to file your Defence.

Something must have gone horribly wrong, time to phone Northampton CCBC and find out what, as it looks like your defence was not received. Also you said issue date of claim form was 22 July but MCOL is saying you submitted AoS on 20 July and they received it on 22 July - same date as issue date!!

Coupon-mad

You need to complain to the CCBC and prove that they had the defence in time and have allowed judgment too early.

Having said that, it always worries me when people rush to do the AOS within a couple of days of the date of the claim, as that is sending out proof that in fact the claim WAS served earlier than the 5 days. I wonder if the CCBC will say that where someone does the AOS unnecessarily early, then the full 5 days isn't needed.

But don't feed them that line, just COMPLAIN and say the claim was allowed to go to judgment early.

specific10

Hi, I admit I made an error with the claim issue date, that should of been 18th July and not 22nd July. But shouldn't that still give me until 22nd August which is 33days after issue of claim?

specific10

Is the complaint best done via email or I have an option to apply for the judgement to be set aside in mcol and is this where I complain? Thanks

Coupon-mad

But shouldn't that still give me until 22nd August which is 33days after issue of claim?

Not in my opinion and maybe not in the CCBC's opinion, as you rushed the AOS and (arguably) removed some of the 5 days.

specific10

Ah ok, i see. Do you advise to complaint via email to the email address CCBCAQ@Justice.gov.uk or via the MCOL site where i can apply for it to be set aside but have to pay..

"If you think that a Judgment has been entered against you incorrectly you can apply to set the Judgment aside using an N244 'Application Notice'. Please read these notes thoroughly before submitting the application as incorrectly completed applications may be returned to you"

Coupon-mad

Do a complaint phone call first, no paying for an application. I hope the CCBC will allow you the full 33 days but I think doing the AOS early is not something I would do, as clearly it is saying ''it was served today!''.