Horizon/Gladstones claim - court this week

victorian12

Hi, I received a claim from Horizon at my old address so too late for the AOS within 14 days (not sure why though as Gladstones had previously contacted me at my new address so they knew I had moved).
I sent the AOS online in any case and it seems to have been received. In MCOL the yellow box for 'start defense' is still available.
I'm worried that I don't know how long I have to file the defense. Can anyone help with this? Here are the dates copied from MCOL:

Claim History

A claim was issued against you on 16/01/2020

Your acknowledgment of service was submitted on 09/02/2020 at 16:14:08

Your acknowledgment of service was received on 10/02/2020 at 08:06:24

Castle

28 days after the date of service, which is deemed to be 5 days after issue. (Therefore 18th of February is the latest date for filing).

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

victorian12

Wow I haven't got long then! Did the AOS not give me longer to submit the defense or does this not count because the AOS was submitted late?

Redx

The AOS done on time , 5 or more days after the issue date doubles the 14 days to 28 days

So 5 + 14 + 14 = 33 days from the issue date of 16 Jan 2020 , so add 33 days to that date for the answer , it's simple maths

Note , there is no s in defence

Email the defence to the CCBC as a pdf attachment , do not use the online box

victorian12

Redx said:

Email the defence to the CCBC as a pdf attachment , do not use the online box

Why is this if you don't mind me asking?
Defence duly noted (despite the objections of my spellchecker).
Am I too late to send the SAR to Horizon?

victorian12

Redx said:

The AOS done on time , 5 or more days after the issue date doubles the 14 days to 28 days

I'm still not sure if the AOS was actually submitted on time. But I guess if I had only 14 days the yellow box in MCOL would be blanked out as the final date would have already passed?? 

Le_Kirk

You do not type anything in the Defence Box on MCOL not even a Fill Stop, as, if you do, that is deemed to be your defence.  just concentrate on compiling a decent defence with the help of the 16 pre-written Defences in the NEWBIE sticky.  There are actually 17 but the first link has stopped working!

nosferatu1001

It was done "In time" because it was BEFORE the claimant filed a Default judgement against you. THey just cant do this before 19 days. You got lucky
So
Get on that defence. 
Now. 
Newbeis thread, post 2. Gives you 16 defences. 

Redx

That same newbies thread post #2 also tells you why you do not use the online box
It mentions posting , but times have moved on so now it's email a pdf attachment
The point is that it doesn't matter why , just do what we tell you, you don't have time to ask why
As mentioned above , you were lucky even though the AOS was late

KeithP

victorian12 said:

Claim History

A claim was issued against you on 16/01/2020

Your acknowledgment of service was submitted on 09/02/2020 at 16:14:08

Your acknowledgment of service was received on 10/02/2020 at 08:06:24

With a Claim Issue Date of 16th January, and having filed an Acknowledgment of Service in a timely manner (i.e. before the Claimant sought a Default Judgment against you), you have until 4pm on Tuesday 18th February 2020 to file your Defence.

As you say, not long.

When you are happy with the content, your Defence could be filed via email as suggested here:

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
6. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
   
   After filing your Defence, there is more to do...
   
   
7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
8. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet - https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track , and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou"]
   
9. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
   
10. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.