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New defense, PPS/BW legal

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Hello all,

Again a massive thank you to this forum its uncomprehendingly useful to me! Before you ask, yes this is a separate claim to the court date outlined in the other thread. It is reference a pay and display in Plymouth from last summer, I actually cannot recall if I paid at all or how long I stayed for. I have sent a SAR but they are saying this will take up to one month and I don't have this long to submit my defense, I've done the AOS on mcol and would like to get a decent defense together, as previously I feel as though my defense was very half baked and last minute. 

So my questions are, do I have a leg to stand on even if I didn't pay at all? and could anyone point me in the direction of defenses where the defendant has't paid as I'm struggling any that relate.

Many thanks in advance
«13

Comments

  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
     I have a leg to stand on even if I didn't pay at all? 

    Personally, I would ignore.  The courts are closed and when they finally get round to hearing claims eviction claims must take priority, there will be a lot of skint landlords abroad.

    Read this, 

    https://forums.moneysavingexpert.com/discussion/6116701/let-us-ignore-all-pcns-not-for-milquetoasts/p1

    and complain to your MP.
    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What is the Issue Date on your County Court Claim Form?

    On what date did you file an Acknowledgment of Service?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    D_P_Dance said:
    Personally, I would ignore.
    Once again D_P_Dance, I have to say that telling someone to ignore a County Court Claim is not good advice.

    By doing so, they leave themselves open to a Default Judgment being made against them.

    Please please read what you are responding to before spraying posts with misinformation.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 25 March 2020 at 5:21PM
    If it's not parking eye , start with the recent template Defence by coupon mad posted last month , adapting the red text paragraphs

    Ps, no S in Defence
  • Allye
    Allye Posts: 28 Forumite
    10 Posts
    claim was issues 27/2/20.

    having just looked over my AOS it looks as though I had not completed it "fully" and have only just fully submitted it. What a numpty, I'll prepare to take this one on the chin then.
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 25 March 2020 at 5:29PM
    Once again Keith, I am not telling anyone to ignore, I am saying what, in their shoes, I would do. No misinformation is being "sprayed" by me.  If you are unfamiliar with the word "milquetoast" please look it up.

    I have won 4 cases in the SCC, had two settled before a hearing,  and lost none, I do know what I am talking about.  
    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    D_P_Dance said:
    I have won 4 cases in the SCC and lost none, I do know what I am talking about.  
    Did you win any of those four cases by ignoring a County Court Claim?

    I suspect not.
  • Allye
    Allye Posts: 28 Forumite
    10 Posts
    It's funny I could have sworn defence was spelt as such but my laptop disagreed and I backed down!
    Back on track, reference the delay in AOS submission I assume it'll be automatically defaulted against me?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Allye said:
    claim was issues 27/2/20.

    having just looked over my AOS it looks as though I had not completed it "fully" and have only just fully submitted it. What a numpty, I'll prepare to take this one on the chin then.
    With a Claim Issue Date of 27th February, you had until Tuesday 17th March to file an Acknowledgment of Service. Since then the Claimant has been free to seek a Default Judgment against you.

    If your recently filed Acknowledgment of Service has been accepted, check MCOL Claim History tomorrow, you have until 4pm on Tuesday 31st March 2020 to file your Defence.
    That's less than a week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

    To file a Defence, follow the guidance in this post:

    Guidance on creating a Defence is also in that thread - in the first post on that thread.

    Don't miss the deadline for filing a Defence.
  • Allye
    Allye Posts: 28 Forumite
    10 Posts
    Many thanks for that, hugely helpful, I'll report back tomorrow. I truely thought I had submitted the AOS in plenty of time. 

    Sorry for asking but my navigation of this forum is pants, can anyone do me a huge favour a link the defence from coupon mad?
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