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Tort for incorrect KADOE request?

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  • pould
    pould Posts: 252 Forumite
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    Update - Smart Parking have asked for an extra 14 days to acknowledge and defend (so by 4pm on 3rd June). Is there any way to challenge this?
  • Coupon-mad
    Coupon-mad Posts: 134,255 Forumite
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    edited 19 May 2020 at 12:49PM
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    Surely they have acknowledged service of the claim and asked for 14 days to file & serve a defence? 
    If no AOS has been done, then you might be able to seek default judgment in your favour on the claim now.  Hmmm, see what Johnersh says. 
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  • Le_Kirk
    Le_Kirk Posts: 22,543 Forumite
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    Do you mean on MCOL because they have acknowledged service just like any defendant would or have they sent you a letter/e-mail?
  • pould
    pould Posts: 252 Forumite
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    edited 19 May 2020 at 12:57PM
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    Surely they have acknowledged service of the claim and asked for 14 days to file & serve a defence? 
    If no AOS has been done, then you might be able to seek default judgment in your favour on the claim now.  Hmmm, see what Johnersh says. 
    Sorry - my bad. Yes, they have asked for a further 14 days to file a defence.
    I'm not sure there is any way on MCOL to see if they have formally acknowledged service. Is that implied in the request for an extra 14 days?
    Is Johnersh a member here? How can we tag him / her?
    Le_Kirk said:
    Do you mean on MCOL because they have acknowledged service just like any defendant would or have they sent you a letter/e-mail?
    On MCOL - I'm using the new Beta service.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    edited 19 May 2020 at 1:02PM
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    When was the claim served on them? The AOS of the claim needs to be done within 14 days of being served. Once the AOS is done then the defendant has a further 14 days (beyond the initial 14 days) within which to file their defence. In calendar days I think it works out at about 32 or 33 days after service by which the defence must be filed (assuming they do the AOS). See any of the posts by @KeithP in response to claims filed by PPCs to see what I mean.

    What you've described sounds like they have simply done the AOS, so they now have a further period within which to file their defence. (If they fail to file in time then you can probably request a summary judgment).

    You can tag someone by putting @ before their name ... like @Johnersh :)
  • pould
    pould Posts: 252 Forumite
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    edited 19 May 2020 at 1:28PM
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    DoaM said:
    When was the claim served on them? The AOS of the claim needs to be done within 14 days of being served. Once the AOS is done then the defendant has a further 14 days (beyond the initial 14 days) within which to file their defence. In calendar days I think it works out at about 32 or 33 days after service by which the defence must be filed (assuming they do the AOS). See any of the posts by @KeithP in response to claims filed by PPCs to see what I mean.

    What you've described sounds like they have simply done the AOS, so they now have a further period within which to file their defence. (If they fail to file in time then you can probably request a summary judgment).

    You can tag someone by putting @ before their name ... like @Johnersh :)
    Super - the new MCOL Beta doesn't have an explicit tick list of everything so this is I think what has happened. All it says is "Smart Parking Limited has requested an extra 14 days to respond. They now have until 4pm on 3 June 2020 to respond.

    You can request a County Court Judgment against them if they don’t respond by the deadline."

    Service was on 4th of May (submitted 1st of May) so this (3rd June) is a good 4 weeks from that.
    Let's see what they come up with in the next two weeks. We're busy working on the Witness Statement.

  • Johnersh
    Johnersh Posts: 1,335 Forumite
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    Missed this.  Things have moved on I see.

    Fwiw I don't think 14 days is unreasonable in the current climate. 56 days is the usual extension since Covid in the fast/multi tracks. 
  • pould
    pould Posts: 252 Forumite
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    Johnersh said:
    Missed this.  Things have moved on I see.

    Fwiw I don't think 14 days is unreasonable in the current climate. 56 days is the usual extension since Covid in the fast/multi tracks. 

    Thanks John. Yes, chatted to my legal team and they concur.
  • pould
    pould Posts: 252 Forumite
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    Right then - 3rd June 4pm is just three days away.
    Tick, tick, tick....
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Yep, by definition saying " can we please have 14 days" is  acknowledging service of the claim. 
    Theyve not asked for extra time over and above the usual 28 days, which is what Jonersh was talking about. 
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