Disputing a ticket - frustration of contract?

Vanadesse

I received a letter dated 29th October acknowledging my defence and giving the claimant 28 days (plus service time) to respond. We’ve got 7 days left and so far all quiet!

If they don’t proceed based on the date on the particulars, I’m assuming they could reissue with the corrected date if they wanted to?

Redx

I wouldn't be handing out advice to the claimant on this public forum !! ( They definitely read the discussions on here )

It could be 2 to 4 weeks before you hear anything , but do keep checking your MCOL claim history and don't give out hints in the interim period.  We have seen people counting the minutes to an imaginary deadline with euphoria , think that they are past it , only to find that CCBC delays or similar resurrect it , then the defendant feels deflated

You will know if the claimant does something and everyone does their job correctly , but you may be ignorant of the state of play if delays have occurred by any of the players. Sometimes VAR works for either side !!  😁😁👍👍

Personally , I would not speculate on an open public forum that anyone can access ( hint )

Jenni_D

Redx said:

I wouldn't be handing out advice to the claimant on this public forum !! ( They definitely read the discussions on here )

If you read the thread you'll see that this boat has sailed ... the date issue has been well-discussed.  

Vanadesse

I would think if they could resubmit with the correct date, their legal team would think of that themselves but to be honest, I’m perfectly ok with it if they do. I’ve found enough to be very confident about them not being successful in court and part of me would quite like to see the opportunity to actually see them lose rather than just forfeit. 

Redx

Jenni_D said:

Redx said:

I wouldn't be handing out advice to the claimant on this public forum !! ( They definitely read the discussions on here )

If you read the thread you'll see that this boat has sailed ... the date issue has been well-discussed.  

I am fully aware of that as I assisted numerous times and have previously read it numerous times too , but by the OP posting on this thread it bumped it to page 1 instead of being buried on say page 31 , so anyone reading it could count the days and look for a defence received 3 or 4 weeks ago , put 2 & 2 together and then react accordingly !  I know I would if I were the claimant !

The problem with idle hands and twiddling thumbs is it makes people start to speculate early in the morning , possibly after mulling it over instead of sleeping !!  The OP should put it out of their mind and leave it say 2 months , then speculate , so maybe in January 2022 !  Even then a mistake by the CCBC could put it back on track , which we see too many times on here !

In fact , we have seen stayed cases resurrected after several months or a year or more , catching people out !!

It's a rubbish process , manned by overworked staff and is very disjointed , not really suitable for this parking charge process and is fraught with too many system failures and out of date procedures , plus claimants tend to get preferential treatment on the red tape aspect whereas defendants are left in the dark !

But my point is , don't resurrect the thread with speculation , elevating it to page 1 when it was in the doldrums , like the claimant seems to be too , the doldrums is the correct place for it until something happens

KeithP

Vanadesse said:

I received a letter dated 29th October acknowledging my defence and giving the claimant 28 days (plus service time) to respond. We’ve got 7 days left and so far all quiet!

If they don’t proceed based on the date on the particulars, I’m assuming they could reissue with the corrected date if they wanted to?

The CCBC sent you a letter saying the Claimant had twenty eight days to consider your Defence.

What you don't know is when the CCBC sent a copy of your Defence to the Claimant. 

It follows from that that it is not known when the Claimant has to respond to the CCBC. 

Further, we don't know what delays there are in the CCBC that means they don't send you a DQ as promptly as you might like.

Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back to the CCBC, remembering to send a copy to the Claimant of course.