Private parking firms - coronavirus panic

Beebee88

KeithP said:

Beebee88 said:

Le_Kirk said:

What was the date of issue of the N1 and what date did you submit the AOS?  Deadlines are never on a week-end.

Le_Kirk said:

What was the date of issue of the N1 and what date did you submit the AOS?  Deadlines are never on a week-end.

The date of issue is May 10th, I sent the AOS on the 30th like a wholly, which was late, however there's a new law as I'm sure you probably know that default judgement cant be made if there's a late submission.

Did you file your Acknowledgment of Service online?
Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

With a Claim Issue Date of 10th May, you had until Tuesday 1st June to file an Acknowledgment of Service. For the moment I'll assume you did file an AoS by that date. Please confirm. 

Having filed an AoS in a timely manner, you have until 4pm on Monday 14th June 2021 to file your Defence.

That's just a few days away but plenty of time to produce a Defence.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Beebee88 said:

...however there's a new law as I'm sure you probably know that default judgement cant be made if there's a late submission.

Please tell us more about this 'new law'. I don't think I have heard about that.

I sent an email to the court. The same method I did with my first case, didn't have any problems via that method.

Yes I submitted my AOS on 30th May.

Thanks for the link to the newbie forum, I've taken my template from there. So I'll be using all those precedents while tailoring it to my case, however paragraph 2 is where I make almost my witness statement, as I understand it.

And no sir I wont be missing that deadline, I aim to have it in on Friday.

Cheers

Beebee88

KeithP said:

Beebee88 said:

Le_Kirk said:

What was the date of issue of the N1 and what date did you submit the AOS?  Deadlines are never on a week-end.

Le_Kirk said:

What was the date of issue of the N1 and what date did you submit the AOS?  Deadlines are never on a week-end.

The date of issue is May 10th, I sent the AOS on the 30th like a wholly, which was late, however there's a new law as I'm sure you probably know that default judgement cant be made if there's a late submission.

Did you file your Acknowledgment of Service online?
Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

With a Claim Issue Date of 10th May, you had until Tuesday 1st June to file an Acknowledgment of Service. For the moment I'll assume you did file an AoS by that date. Please confirm. 

Having filed an AoS in a timely manner, you have until 4pm on Monday 14th June 2021 to file your Defence.

That's just a few days away but plenty of time to produce a Defence.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Beebee88 said:

...however there's a new law as I'm sure you probably know that default judgement cant be made if there's a late submission.

Please tell us more about this 'new law'. I don't think I have heard about that.

This is from Geldards Law firm;

A claimant has always been permitted to ask the court to enter default judgment once the time for filing an acknowledgment of service or defence has expired. However, new changes to Part 12 of the Civil Procedure Rules which came into force on 6 April 2020 clarify that default judgment cannot be entered if an acknowledgment of service or defence has been filed, notwithstanding the fact that the filing may have been after the expiry of the time limit. This means that a claimant can only obtain a default judgment if, at the date on which default judgment is entered, the document has still not been filed and the time limit for filing has expired.

The amendment to Part 12 appears to favour defendants as default judgment is no longer the automatic consequence of a failure to comply with the relevant time limit. A defendant should therefore ensure that if they miss the deadline for filing an acknowledgment of service or defence, they take steps to file the relevant document as soon as possible. Conversely, claimants should take steps to apply for a default judgment as soon as the time limit has expired. This avoids providing the defendant with the extension of time for filing the acknowledgment of service or defence.

Coupon-mad

That's fine and you won't be late anyway!  

You need to add something to the defence to say whether you recognise the location in the POC and it is a retail/residential car park local to you, and that you've never been there to your knowledge (if true)

or

you are familiar with the location but are not aware of you or any driver of this car ever breaching any parking terms or getting a 'PCN' ()if true) and you put the claimant to strict proof of their allegations, which are very sparse on detail

or

the particulars of claim are so sparse as to be embarassing and the Defendant has no idea what this is about and the location is xxx miles away (or impossible to identify if there is no postcode).

Come on, read their POC again and decide what you know and what you don't know, and what isn't clear from the sparse particulars, and spell that out in #3 or tell the Judge a bit more, if you DO recognise the place and know that, for example, there would have been a genuine reason for your car to be there (such as being a resident or visitor or shopper).

Beebee88

Coupon-mad said:

That's fine and you won't be late anyway!  

You need to add something to the defence to say whether you recognise the location in the POC and it is a retail/residential car park local to you, and that you've never been there to your knowledge (if true)

or

you are familiar with the location but are not aware of you or any driver of this car ever breaching any parking terms or getting a 'PCN' ()if true) and you put the claimant to strict proof of their allegations, which are very sparse on detail

or

the particulars of claim are so sparse as to be embarassing and the Defendant has no idea what this is about and the location is xxx miles away (or impossible to identify if there is no postcode).

Come on, read their POC again and decide what you know and what you don't know, and what isn't clear from the sparse particulars, and spell that out in #3 or tell the Judge a bit more, if you DO recognise the place and know that, for example, there would have been a genuine reason for your car to be there (such as being a resident or visitor or shopper).

Thanks for your help i really appreciate it. I've re-read the POC; I breached their contract as stipulated on the signage, £100 per cpn plus £60 per contractual costs, plus £120.72 statutory interest, plus 14p per day.

So the place is right outside my address but it is a commercial business site, so there's no authority to stop by there.

I guess I'll say I stopped there to unload my car? or assist my mother to the property and was snapped quickly by their unscrupolus ticket men.

'you are familiar with the location but are not aware of you or any driver of this car ever breaching any parking terms or getting a 'PCN' ()if true) and you put the claimant to strict proof of their allegations, which are very sparse on detail'

I'll use this argument, the problem is they probably have pics, which I'm still awaiting from my SAR.

Coupon-mad

If this is about the first claim and it’s Observices, I doubt they used the POFA so why would a keeper admit to driving on a date they can’t remember. 

KeithP

@beebee88, what happened next?

Jenni_D

I guess you're prompting because of this:

https://forums.moneysavingexpert.com/discussion/6356621/no-defence-not-sure-what-route-to-take#latest