County Court Claim offer / submitting defence

longbeachkls

Hello everyone, 

I’ll cut to the chase and keep it as short as I can. Parking ticket from December 21 on a private car park which I used ‘pay by phone’ I entered on the 23/12/2021 at 17:58 and left at 21:07. Unfortunately for whatever reason I only paid from 18:07 to 20:07 ( my defence I think I did it late whilst on the train and didn’t select the correct amount of hours but it’s been that long I can’t remember. 

Fast forward had all the reminders and letters from them and DCB legal but ignored ( wasn’t aware at the time of all the info on here and online) 

now I have a county court claim offer letter. Anything you wan to see let me know I can upload and show. The letter was issued the 15th and I requested the AOS on the 22nd I think! (Can double check that) 

I have filed for a SAR and received all the info they have on me and the letters they sent out. But not the letters I received from the DCB legal. And the SAR is how I know what i actually paid for and also I have the app to back up I did only pay for a shorter amount  of time. 

The fine went from £100 to £160 and now with court fees ect it’s £250! 

Do I still need to contact DCB legal and notify them im asking for a 30 days extension and will he disputing this? I know I need to start on my defence just wanted some advice and opinions on what I should be doing next? 

Sorry if I have missed anything just trying to think of everything that’s happened. Unfortunately I reading some stuff on here I haven’t contact my local MP or appealed the ticket I ignored it and now I’m at the stage of the county court claim offer. 

Fruitcake

It is not a fine.

It's too late to send the seeking debt/30 day hold instruction once a claim has been issued.

An SAR to the PPC will only get you data the PPC hold about you, not about anything DCBL may have sent.

A rhetorical question, are you absolutely sure there wasn't a fault with the app? 

You should get photos of the site and signage. 

Post your draft version of paragraphs 2 and 3 of the template defence for checking.

Le_Kirk

As @Fruitcake wrote, it is possible that the parking app on the phone had a glitch - it has been known - but if you are a regular train traveller, phone app user and payer of parking fees that way, then a judge would probably accept you being an honest person that normally always pays the correct amount and on this occasion the app faulted, NOT you!

KeithP

kylesmith2 said:

now I have a county court claim offer letter. 
The letter was issued the 15th and I requested the AOS on the 22nd I think! (Can double check that) 

Do I still need to contact DCB legal and notify them im asking for a 30 days extension and will he disputing this?

A County Court Claim offer?

Never heard it called an offer before.

Are you saying you have received a County Court Claim Form with an Issue Date of 15th August and you filed an Acknowledgment of Service on 22nd August? Please confirm.

If so, you are too late to be asking for DCB Legal to delay things.

longbeachkls

Fruitcake said:

It is not a fine.

It's too late to send the seeking debt/30 day hold instruction once a claim has been issued.

An SAR to the PPC will only get you data the PPC hold about you, not about anything DCBL may have sent.

A rhetorical question, are you absolutely sure there wasn't a fault with the app? 

You should get photos of the site and signage. 

Post your draft version of paragraphs 2 and 3 of the template defence for checking.

Thanks for your comment and input - If I’m totally honest I can’t remember if the app was down or glitching. I’ve had issues in the past with the app playing up but I’m this occasion I can’t remember. I travel a fair on the trains and use car parks when needed so normally ensure I pay what must be paid but in this situation for whatever reason I haven’t. How am I best explaining this in my defence? Shall I upload the photos of the signage on here?

longbeachkls

Le_Kirk said:

As @Fruitcake wrote, it is possible that the parking app on the phone had a glitch - it has been known - but if you are a regular train traveller, phone app user and payer of parking fees that way, then a judge would probably accept you being an honest person that normally always pays the correct amount and on this occasion the app faulted, NOT you!

Again thanks for taking the time to help- like I said just in that time of my life i was all over the country using trains and car parks so always paid every fee when possible to avoid these situations. Again I can’t remember if I’m being honest but I don’t remember having slight issues with the app in the past. Am I best saying this or sticking to the app being faulty?

longbeachkls

KeithP said:

kylesmith2 said:

now I have a county court claim offer letter. 
The letter was issued the 15th and I requested the AOS on the 22nd I think! (Can double check that) 

Do I still need to contact DCB legal and notify them im asking for a 30 days extension and will he disputing this?

A County Court Claim offer?

Never heard it called an offer before.

Are you saying you have received a County Court Claim Form with an Issue Date of 15th August and you filed an Acknowledgment of Service on 22nd August? Please confirm.

If so, you are too late to be asking for DCB Legal to delay things.

Thanks for your time on this - And sorry my apologies getting confused with terminology.  Yes I received a county court claim form with the issue date of 15th august. From what I remember reading I thought me filing an acknowledgment of service on the 22nd just gave me 28 days to file my defence? My apologies if I’ve misunderstood something 

KeithP

kylesmith2 said:

KeithP said:

kylesmith2 said:

now I have a county court claim offer letter. 
The letter was issued the 15th and I requested the AOS on the 22nd I think! (Can double check that) 

Do I still need to contact DCB legal and notify them im asking for a 30 days extension and will he disputing this?

A County Court Claim offer?

Never heard it called an offer before.

Are you saying you have received a County Court Claim Form with an Issue Date of 15th August and you filed an Acknowledgment of Service on 22nd August? Please confirm.

If so, you are too late to be asking for DCB Legal to delay things.

Yes I received a county court claim form with the issue date of 15th august. From what I remember reading I thought me filing an acknowledgment of service on the 22nd just gave me 28 days to file my defence?

With a Claim Issue Date of 15th August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 19th September 2022 to file your Defence.

That's over three weeks away. 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.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

I can’t remember if the app was down or glitching. I’ve had issues in the past with the app playing up but I’m this occasion I can’t remember. I travel a fair on the trains and use car parks when needed so normally ensure I pay what must be paid.

Great!  That goes in as part of your para 3 but of course the style of the defence has no 'I' or 'me'.   It's 'the Defendant did this/that'.

KeithP

In my earlier post I said you have until 19th September to file your Defence.

Because the 19th September is a Bank Holiday, you now have until 4pm on Tuesday 20th September to file a Defence.

longbeachkls

KeithP said:

In my earlier post I said you have until 19th September to file your Defence.

Because the 19th September is a Bank Holiday, you now have until 4pm on Tuesday 20th September to file a Defence.

Perfect Thankyou, will be starting tomorrow as I’ve just got back from being on holiday. Can somebody refresh my memory on what I need to do sorry? I know I’m referring to myself as the defendant did ect. Do I need to be including anything else as to what happened?  

Thanks for the support so far