Received a claim form but missed the 14 days. Help!

Char27

My husband parked in the dark so didn’t see the signage he was parked for 8 mins and received a parking fine. Disputed it but they wouldn’t budge so then he ignored the last 2 demands. We’ve come home to find a claim form issued on June 23rd. 

Interestingly it says in the particulars of the claim that driver agreed to pay within 28 days but didn’t which is an absolute untruth. 

Where do we go from here? Obviously he doesn’t want a CCJ and it seems they intend to take this all the way so what are our options other than pay the £270 they’re asking. 

Thank you 

Umkomaas

Interestingly it says in the particulars of the claim that driver agreed to pay within 28 days but didn’t which is an absolute untruth. 

That 'agreement' will be written in the signage at the car park. Entering and staying is deemed to be the acceptance of the agreement.  The fact it was dark and signs not visible is an excellent strand to your defence. 

You need to look sharp and get your acknowledgment of service (AOS) off - you have 19 days from the Date of Issue of the claim form to do this in order to 'buy' an additional 14 days to construct your defence. 

The NEWBIES FAQ Announcement, second post, and the Defence Template will guide you through what needs to be done and how. 

If your husband is named on the court claim form everything must be done in his name. You can help with the work, but all in his name.

Which parking firm is pursuing and which solicitors are representing them?

Coupon-mad

Interestingly it says in the particulars of the claim that driver agreed to pay within 28 days but didn’t which is an absolute untruth. 

Not interesting...it's normal wording. You are wrong to even focus on that. Think about what tedious old 'contract law' with a sign and a driver who parked, might mean in the context of 'agreement' by conduct. Then forget it entirely.

With a claim issue date of 23rd June, you have until Monday or Tuesday (one or the other, KeithP is better at this than me!) early next week to do the MCOL AOS online (see NEWBIES thread for how).  May as well do it now, no delaying.

You are not late. You know that from the back of your claim form where it talks about an extra 5 days for service.

Having filed an Acknowledgment of Service in a timely manner, you will then have until 4pm on Tuesday 26th July 2022 to file your Defence.

Can someone check that calculation please? It's around that date!

Plenty of time to produce a Defence, but please don't leave it to the last minute.

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.

You can, of course, email a SAR to the PPC (see NEWBIES thread) to see their hand in good time for WS stage, but don't go emailing the solicitor about putting the case on hold, obviously. You are not at LBC stage.

And don't sit and wait for the SAR reply.

Do not try to 'start Defence' via the MoneyClaimOnline website. No touching that section.

Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Umkomaas

Having filed an Acknowledgment of Service in a timely manner, you will then have until 4pm on Tuesday 26th July 2022 to file your Defence.

Can someone check that calculation please? It's around that date

I agree - 33 days from 23/06 = Tuesday 26/07. 

@KeithP seems to have been 'sabbati-culled'! 🙁

Mouse007

You haven't missed the 14 days yet.

Read page 2 of claim form, 14 days from the day of service. The day of service is taken as 5 days after the issue day.

Char27

Phew thank you! He’s on it now. 

Char27

Following on from my new thread (please feel free to delete that one) my husband followed all the guidelines given here. I think he has completed his witness statement I will check. I know all else has been done. 

Bundle received gave him a court date and lots of photos of signs and then his car one of which shows him parked next to a sign. 🙄. 

He’s annoyed as he wanted to pay the initial ‘fine’ and I pressed him to take this route, I’m now wondering if it was the right thing, I’m not sure he has any defence given the sign was next to his passenger door.

Should he lose what happens no CCJ I’m hoping and less than the £320 the parking company have asked for? 

Coupon-mad

I think he has completed his witness statement I will check. 

We fear he hasn't.  If the hearing is in less than 2 weeks he'd have had to have filed & served his WS and evidence bundle last week/over the Xmas break, so you would recall that. 

If he's now late, just do it tonight, because NOT sending a WS (at all) is a problem.

A slightly late WS is usually OK.

If he loses, he needs to know the arguments in his defence against the added £70 'admin' per PCN and he can also object to 8% interest as some sort of 'reward' for the parking firm sitting on their hands for years before litigation.

No CCJ because he'd have 30 days to pay.  But he could win, you know, on unclear signs/terms, I presume? What is his main case in his WS?

Show us the draft tonight, based on the one by @aphex007 (assuming we are right and he hasn't filed ' served a WS yet).

Fruitcake

Even if the defendant loses, the total amount should be less than that claimed as long as it is defended properly.
In addition, if any judgment is paid promptly there will be no CCJ. 

There is a whole defence template to throw at the claim, plus the fact that the signs must have been inadequate otherwise the driver would have seen them.

Amend paragraphs 2 and 3 of the template to suit your (husband's) case and post it here for checking before you submit it.

Char27

Is there a WS template? I’m looking but can’t seem to find it. I haven’t found any of this easy at all maybe I’m a bit thick! 

As far as I know each time we received a letter we did what was required. We amended part of the defence as needed. He says he’s done it, he will check once he gets home. 

He says it was poor signage, I agree it was however now they’ve put up huge signs so that goes to show the others weren’t fit for purpose. 

I don’t recall any letter or anything saying we needed to provide a ws but it was on a letter that the claimant needed to. 

Not_A_Hope

Fruitcake - Although we haven’t seen the OPs defence it now looks like they are at hearing stage and need to urgently submit a WS