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Money Claim - Going Court for Private Parking PCN

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Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    edited 3 March 2021 at 8:12PM
    And the correct email is in the template post , just get on with it !! , Send it anew !!
  • bergkamp10
    bergkamp10 Posts: 125 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    Redx said:
    And the correct email is in the template post , just get on with it !! , Send it anew !!
    Thanks. My friend already sent it off about 20mins ago. Funnily enough, this time he says he received an automated message pretty much immediately even though the email was the same both times.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Redx said:
    And the correct email is in the template post , just get on with it !! , Send it anew !!
    Thanks. My friend already sent it off about 20mins ago. Funnily enough, this time he says he received an automated message pretty much immediately even though the email was the same both times.
    Good , that is how it should work , so I bet email 1 ended up in their spam folder due to his spurious attachments

    We tell people to do these things correctly from experience , knowledge and feedback

    Having read this thread earlier , you should have concentrated on this stage and not be sidetracked with the abuse of process arguments or red herrings. Your friend must defend the core PCN and invoice first , because a win means those spurious costs die along with the claim !!  Judges already know about the double recovery issues , so leave the appeal to Excel litigation regarding abuse of process , your friend is unlikely to be able to argue that topic successfully
  • bergkamp10
    bergkamp10 Posts: 125 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    Redx said:
    Redx said:
    And the correct email is in the template post , just get on with it !! , Send it anew !!
    Thanks. My friend already sent it off about 20mins ago. Funnily enough, this time he says he received an automated message pretty much immediately even though the email was the same both times.
    Good , that is how it should work , so I bet email 1 ended up in their spam folder due to his spurious attachments

    We tell people to do these things correctly from experience , knowledge and feedback

    Having read this thread earlier , you should have concentrated on this stage and not be sidetracked with the abuse of process arguments or red herrings. Your friend must defend the core PCN and invoice first , because a win means those spurious costs die along with the claim !!  Judges already know about the double recovery issues , so leave the appeal to Excel litigation regarding abuse of process , your friend is unlikely to be able to argue that topic successfully
    Thanks a lot pal, you’ve been a great help. I appreciate all the help, comments and feedback provided on here from everyone.

    Yes, you’re right. We never included anything other than what was in the template and the points in section 2 and 3 (which was split up into 3 more points). We were always going to follow the advice given on here, such is the high level of knowledge and experience you all possess from your prior experiences in this area. I was just curious and was trying to get an understanding for my own understanding.

    I just hope that they don’t reject the Defence for being late and issuing a CCJ against him.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 4 March 2021 at 9:00AM
    No problem in you getting an understanding , but you should have left the debate until the lull after a defence is submitted successfully , it deflected the thread from its target !!

    Read what user jb111 said recently about his appeal being heard this month , possibly do not debate it until the outcome of that appeal is known , which is long before the WS stage and your friends hearing in several months time
  • Umkomaas
    Umkomaas Posts: 44,050 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I just hope that they don’t reject the Defence for being late and issuing a CCJ against him.
    I don't think anyone is sitting at the CCBC with a hair-trigger timer. If they are and a judgment in default is issued against your amigo, he should just pay it off within the timescale given to avoid a credit trashing impact on his credit rating. The involvement of a third party intermediary is never optimal for expeditiousness.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    The CBBC is probably closed after 4 and the claimant cannot apply for judgment until tomorrow or later , hence why your friend keeps checking the claim history on MCOL over the next few days to ensure it changes to a defended claim
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Once the deadline came and went, the claimant weas free to apply for a default
    It is then granted IF in the meantime no defence has been filed. In other words it is a race. Hopefully you beat them to it
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 4 March 2021 at 9:06AM
    Indeed, this is a self help forum.  One is expected to do a modicum of research oneself.  
    You never know how far you can go until you go too far.
  • bergkamp10
    bergkamp10 Posts: 125 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    Redx said:
    No problem in you getting an understanding , but you should have left the debate until the lull after a defence is submitted successfully , it deflected the thread from its target !!

    Read what user jb111 said recently about his appeal being heard this month , possibly do not debate it until the outcome of that appeal is known , which is long before the WS stage and your friends hearing in several months time
    Thanks mate. You’re right. Will try to find jb111’s thread and see what happens there. Not sure what you mean about the do not debate it though. Not sure what it in this situation is.

    Umkomaas said:
    I just hope that they don’t reject the Defence for being late and issuing a CCJ against him.
    I don't think anyone is sitting at the CCBC with a hair-trigger timer. If they are and a judgment in default is issued against your amigo, he should just pay it off within the timescale given to avoid a credit trashing impact on his credit rating. The involvement of a third party intermediary is never optimal for expeditiousness.
    Yeah, you’re right. Hopefully it can get through before CEL contact the CCBC. For now MCOL is showing that the Defence has been received on 04/03/2021 rather than 03/03/2021.

    Redx said:
    The CBBC is probably closed after 4 and the claimant cannot apply for judgment until tomorrow or later , hence why your friend keeps checking the claim history on MCOL over the next few days to ensure it changes to a defended claim

    It’s changed to Defence Received on 04/03/2021. My friend’s just sent me this:

    “A claim was issued against you on 29/01/2021

    Your acknowledgment of service was submitted on 16/02/2021 at 12:00:10

    Your acknowledgment of service was received on 16/02/2021 at 14:05:18

    Your defence was received on 04/03/2021”

    Not sure when it should change to Defended Claim but that’s what he sees on the history.

    Once the deadline came and went, the claimant weas free to apply for a default
    It is then granted IF in the meantime no defence has been filed. In other words it is a race. Hopefully you beat them to it
    Hopefully mate. The above is what the status says for now. Not sure if that means we beat them or if they beat us by calling first thing in the morning.

    Thanks again for everyone’s help on here. You guys are amazing.
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