Please advise if I have missed any deadlines

Spacey786

Hi Guys

I have another MCOL by UK CPML via CCBC Northampton issued on the 12th of NOV, filed an AOS on the 26th of NOV & filed my defence today 23/12/2021

Concerned that I have missed the deadline? 

Cheers

KeithP

Spacey786 said:

Hi Guys

I have another MCOL issued on the 12th of NOV, filed an AOS on the 26th of NOV & filed my defence today 23/12/2021

Concerned that I have missed the deadline? 

Cheers

Yes, you have missed your Defence filing deadline.

You had until 4pm on Wednesday 15th December 2021 to file your Defence.

What does you MCOL Claim History show?
Do you already have a Default Judgment against you?

Spacey786

KeithP said:

Spacey786 said:

Hi Guys

I have another MCOL issued on the 12th of NOV, filed an AOS on the 26th of NOV & filed my defence today 23/12/2021

Concerned that I have missed the deadline? 

Cheers

Yes, you have missed your Defence filing deadline.

You had until 4pm on Wednesday 15th December 2021 to file your Defence.

What does you MCOL Claim History show?
Do you already have a Default Judgment against you?

Hi, MCOL claim history shows that I filed an AOS on the 23rd of Nov and thats it

Spacey786

Looks like an own goal... is there any way to appeal if a judgement is entered against me?

Redx

Spacey786 said:

Looks like an own goal... is there any way to appeal if a judgement is entered against me?

Costly , with a debatable chance of success

I suggest you email your defence to the ccbcaq email address ASAP , if not sooner 🤔🤔😋😋

Fruitcake

That depends on the court business centre. If you are lucky they will have been so busy they won't have got round to checking things so your defence may have been accepted.

What happened when you complained to the landowner?

Have you complained to your MP yet?

KeithP

Spacey786 said:

KeithP said:

Spacey786 said:

Hi Guys

I have another MCOL issued on the 12th of NOV, filed an AOS on the 26th of NOV & filed my defence today 23/12/2021

Concerned that I have missed the deadline? 

Cheers

Yes, you have missed your Defence filing deadline.

You had until 4pm on Wednesday 15th December 2021 to file your Defence.

What does you MCOL Claim History show?
Do you already have a Default Judgment against you?

Hi, MCOL claim history shows that I filed an AOS on the 23rd of Nov and thats it

Then you are now in a race.
If the Claimant seeks a Default Judgment before a Defence is filed, then it's game over - you lose.

On the other hand, if you file a Defence before the Claimant wakes up then you win this heat and go through to the next round.

Suggest you now file a Defence PDQ.
The good news is that if you can't file a Defence before 4pm today and the Claimant doesn't seek a Default Judgment before 4pm today, then nothing untoward will happen before 8am on Wednesday 29th December.

So you now have five whole days to perfect your Defence. Good luck.

Spacey786 said:

... is there any way to appeal if a judgement is entered against me?

Appeal? Appeal against what? The situation is of your own making.

Fruitcake

Keith, the OP says they filed their defence today.

KeithP

Fruitcake said:

Keith, the OP says they filed their defence today.

Ah... missed that.

So all is good... unless there is already a Default Judgment request sitting in a queue waiting to be processed before it is noticed that a Defence has been filed.  

Spacey786

Fruitcake said:

Keith, the OP says they filed their defence today.

Perfect, has given me some hope... it is Glad's representing them; filed defence 1330 today, used the template and 1st 4 lines are as below

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

 

The facts as known to the Defendant:

2.      It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The identity of the driver at the material time is unknown to the defendant. The Defendant was not the only insured driver of the vehicle in question and is unable to recall who was driving on that unremarkable day over 15 months ago

3. In the Particulars of Claim ('POC') it is stated that the Defendant is liable as the driver or keeper but the Claimant has failed to provide any evidence that Defendant was also the driver. The Defendant cannot be held liable for the charges as the keeper of the vehicle.

4. After re-visiting the car park, the defendant has taken pictures of the signs that the claimant is relying on in entering into a contract. Therefore It is denied that the signs used by this claimant can have created a fair or transparent contract with a driver in any event hence incapable of binding the driver as the claimant failed to comply with International Parking Community Code of Practice ‘PART E Schedule 1 – Signage’. The signs entering into the car park are almost hidden with overgrown shrubs surrounding the sign make it almost invisible. It is also noted that the second sign is erected far away from the alleged parking area approximately 9-ft above the ground in small fonts displaying the terms & conditions.

Spacey786

KeithP said:

Fruitcake said:

Keith, the OP says they filed their defence today.

Ah... missed that.

So all is good... unless there is already a Default Judgment request sitting in a queue waiting to be processed before it is noticed that a Defence has been filed.  

I have the acknowledgement from CCBCAQ