Missed Issue Date + 19 days deadline for CC Claim.

psh43

Hello Experts,
I set aside my Claim Form from DCB Legal Ltd and have now missed the deadline by one day to file my AOS.
Can you please advise what my options are? I have no perfect excuse for this other than domestic/work distraction.
TIA,
PSH43

Mouse007

I think you are now in a race to file a defence before the claimants requests judgment by default.

Be quick and do it today, the template only needs para 2 and 3 editing. See the sticky threads at top of forum.

psh43

Ok great .... but to head off a CCJ (and forgive me for being defeatist but it's to keep my credit record intact) might I just pay?

KeithP

psh43 said:

Hello Experts,
I set aside my Claim Form from DCB Legal Ltd and have now missed the deadline by one day to file my AOS.
Can you please advise what my options are? I have no perfect excuse for this other than domestic/work distraction.
TIA,
PSH43

What is the Issue Date on your County Court Claim Form?

psh43

KeithP said:

psh43 said:

Hello Experts,
I set aside my Claim Form from DCB Legal Ltd and have now missed the deadline by one day to file my AOS.
Can you please advise what my options are? I have no perfect excuse for this other than domestic/work distraction.
TIA,
PSH43

What is the Issue Date on your County Court Claim Form?

It is 8th July

KeithP

psh43 said:

KeithP said:

psh43 said:

Hello Experts,
I set aside my Claim Form from DCB Legal Ltd and have now missed the deadline by one day to file my AOS.
Can you please advise what my options are? I have no perfect excuse for this other than domestic/work distraction.
TIA,
PSH43

What is the Issue Date on your County Court Claim Form?

It is 8th July

Yes, you are indeed one day late in your opportunity to file an Acknowledgment of Service.

Without filing an Acknowledgment of Service, your Defence became due on Wednesday 27th July.

You are now in a race. 

Since 4pm on Wednesday 27th July the Claimant has been free to seek a Default Judgment against you.

If they seek that Judgment before you have filed a Defence, then they win the race - it's game over - you lose.

Check your MCOL Claim History to see if there is a Judgment against you. 
If there is, then you can ignore the rest of this post.

On the other hand if you file a Defence before the Claimant actually seeks that Default Judgment, then you win this heat and go through to the next round.

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

Do not try and file a Defence via the MoneyClaimOnline website. From now on the MCOL website should be treated as 'read only'.

Mouse007

psh43 said:

Ok great .... but to head off a CCJ (and forgive me for being defeatist but it's to keep my credit record intact) might I just pay?

Your choice, but do note the CCJ IS NOT registered against you unless you fail to pay within 30 days of judgment. That means you can still try and win this race and get into the next round absolutely risk free.

You have 3 hours left today - doable if you just crack on. Post on here your draft defence (points 2 and 3 only) - no need to edit or change anything from 4 onwards -- we don't need to see what we already know.

Keep it short and punchy, to the point - these points can be expanded upon in a witness statement later so skip the detail. A couple of paragraphs why you deny liability.

psh43

Thanks all for your support.

AOS complete - so no judgement yet.

Just building section on denying liability.

I was in the cafe and held a meeting there. I overstayed but also took a nap as I'd been driving most of the day.

I need to pick one of these and stick to them or an argument about signage?

Ta - PSH.

Trainerman

psh43 said:

Thanks all for your support.

AOS complete - so no judgement yet.

Just building section on denying liability.

I was in the cafe and held a meeting there. I overstayed but also took a nap as I'd been driving most of the day.

I need to pick one of these and stick to them or an argument about signage?

Ta - PSH.

Use the template, which covers signage anyway. Just adapt paras 2 and 3  , and show us those. Please NOT the whole template. It is just your additions that we can help with

Mouse007

How are you getting on?

psh43

Very short and sweet given time and did find similar circumstances (thread) which had been contributed to which helped.
I submitted this...

On the material date the driver was returning home from a 350-mile round trip to a company office. 

Around one hour from home the driver felt dangerously tired. In accordance with the Government’s campaigns advising rest/take a break the driver stopped at Scotch Corner Services for safety reasons. 

Feeling completely fatigued, the driver inadvertently fell asleep. 

On waking the driver continued the journey home. 

No signs with parking contractual terms limiting the time a motorist should rest when tired were present where the driver’s vehicle was parked and the claimant is put to strict proof that the contrary is true. 

The driver was surprised to later receive a parking charge notice from a company called CP Plus. This was not responded to, as the driver thought this was a scam, and in direct contradiction to the Department of Transport campaigns and advice encouraging drivers to take breaks rather than drive whilst tired.