Letter of Claim from NCP Advice

Moneymike

I have read the FAQ's but I can't see anywhere answers to the questions I have and I have also been contemplating fighting this on behalf of my mother who has told me what happened. 

We need more time in writing this defence as I only just acknowledged the service of the claim online today and I believe this was due on the 7th August 2022. The Issue Date of the claim was 20/07/2022 but we saw the claim late and we have been busy with life commitments. How and can I request for more time from the courts? As I have only just completed the acknowledge Service of the claim which seemed to be accepted I'm I still able to fight? I have followed the other advise the FAQ's to request a SAR (as the alleged claim was a while ago and my mother can't recall events but she was basically waiting in the car with my uncle waiting for his train to come at Dagenham Dock Station) and asked BW Legal to put on hold. Any advise would be much apricated thank you.   

KeithP

Moneymike said:

We need more time in writing this defence as I only just acknowledged the service of the claim online today and I believe this was due on the 7th August 2022. The Issue Date of the claim was 20/07/2022 but we saw the claim late and we have been busy with life commitments. How and can I request for more time from the courts? As I have only just completed the acknowledge Service of the claim which seemed to be accepted I'm I still able to fight?

With a Claim Issue Date of 20th July, you had until Monday 8th August to file an Acknowledgment of Service. 

Filing an Acknowledgment of Service today was too late to have any effect.

Without filing an Acknowledgment of Service in a timely manner, your Defence became due on Monday 8th August.

You are now in a race. 

Since 4pm on Monday 8th August 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

You can not request any more time and the AoS is too late to avoid a default judgment. Check your mother's MCOL account, does it show a deafult CCJ yet? If not you are in a race to file a defence before the claimant requests judgment. We had one the other day and it was sorted within an hour - you need to get this done ASAP and no later than first thing Monday morning.

The sticky posts contain a template defence, you only need to edit paragraphs 2 and 3, easy to do.

Moneymike

There isn't judgment against me that I can see. I do see the following with "view AOS"....

Claim History
A claim was issued against you on 20/07/2022
Your acknowledgment of service was submitted on 20/08/2022 at 11:07:26

How to I submit the defence for monday? Is this through MCOL?

Mouse007

Moneymike said:

How to I submit the defence for monday? Is this through MCOL?

The very last line of KeithP's post above is?

Stick to the instructions on here like glue, read every word - disingage imagination - stop thinking.

Did you follow my link? it will lead you to the the exact process to follow

Moneymike

Sorry I skimmed KeithP's initially and only saw the "do not try and file a Defence via the MoneyClaimOnline website" I have now reviewed both links and will work on the defence thank you 

Moneymike

Could I have advise on point number 3 is this the sort of thing that should be written? 

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was a breach of any prominent term, and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

3. The Defendant was at the Dagenham Docks railway station dropping off a family member but due to train delays we waited in the car as it was late at night and a poorly lit entrance. So, for this reason the family member felt safer waiting in the car till nearer the time of arrival of the their train. As the Defendant recalls the lighting at the railway station was poor, visibility was impaired and signs were obscured due to the darkness. To the Defendants recollection it did not look like we had entered into a car park surprisingly. 

Mouse007

Great, now focus on railway bye laws. How long ago was your mother waiting for a train with her brother?

Moneymike

I'm I to search bye laws on the threads? Any specifics to search on? The fine was issued on the 29th June last year I'd imagine they were chit-chatting for 30-45mins I reckon need to ask my mother.

Mouse007

BINGO

A year ago

Let's have some fun tomorrow

KeithP

If the parking place is covered by Railway Byelaws, and no-one has told NCP who was driving - have they? - then there is no way that keeper can be held liable.

Simply put, if the land is covered by byelaws, there is no way of transferring any driver's liability to a keeper other than by the keeper telling NCP.

So if NCP don't know who was driving then you need to adjust your Defence so that it doesn't give that information away.