DCB Legal Claim Form

mcpep

Afternoon all.  Firstly my apologies if the answers to my queries could be gleamed from other posts, I have read several + the newbies thread but am still a little confused as to what action to take in my specific circumstances.

I received a Claim Form from DCB Legal issued 12th September for a PCN from UK Parking Ltd, total amount is > £300.

The claim is for overstaying in a MacDonald's car park back in 2018, I was meeting up with a friend whose partner was very ill in a hospital nearby, we ate some food but stayed chatting for a long time afterwards as the circumstances dictated.  I can't remember exactly how long I overstayed and don't have documentation which details that, I know I didn't notice any signs on the day, but have no knowledge as to whether they met legal requirements at the time.

When I received the original claim most of the advice online said to ignore it so this is what I did, I haven't acknowledged anything so far.

After receiving the Claim Form I mistakenly thought I had longer to deal with it and have been on holiday in the meantime.  Cut to today and I am panicking.

On the Claim Form it states on the back that I have 14 days from the day of service to respond, which has now passed, and then 28 days to send a defence to court.  This has confused me as I thought the AoS was due 4 weeks from the issue date.  4 weeks would be Monday 10th October.

I suppose my basic questions are have I missed the deadline to file a AoS and if I have what options does this leave me with?

Obviously this is all a bit rushed and that is totally my fault, but any help and direction will be gratefully received.  Thanks in advance and sorry for the newb-ishness of the requests!

Coupon-mad

 I haven't acknowledged anything so far.

Oh dear. You had 19 days to acknowledge and you are now in a race to beat the other side and file a defence -  and there's no point doing the AOS.

Go straight to defence. TODAY by email as per the Template Defence thread, and copy in info@dcblegal.co.uk

Show us your para 3. I promise you it's easy!  Defence is 90% written for you.

mcpep

So not filing the AoS won't be detrimental to my case? 

I will get on the defence now, thanks for the reply!

Trainerman

What is detrimental is having no defence there either. As Coupon-Mad wrote, you are now in a race and need to get that defence in today ..... which means by 4.00 pm

mcpep

Ok thanks for the help!  Made a right mess of this one by overestimating how long I had to reply.

Is the template the 2nd post in this thread?  https://forums.moneysavingexpert.com/discussion/6108153/template-defence-to-adapt-for-all-parking-cases-where-they-add-false-admin-costs-edited-march-2022

Thanks again!

KeithP

mcpep said:

I suppose my basic questions are have I missed the deadline to file a AoS and if I have what options does this leave me with?

Yes you have missed that deadline.


With a Claim Issue Date of 12th September, you had until Monday 3rd October to file an Acknowledgment of Service. 

Without filing an Acknowledgment of Service in a timely manner, your Defence became due on Monday 3rd October.

You are now in a race. 

Since 4pm on Monday 3rd October 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 already 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'.

mcpep

KeithP said:

Check your MCOL Claim History to see if there is already a Judgment against you. 

Ok so I have created an account with MCOL but I'm couldn't find where to check my Claim History?  The issue being I can't find my Defence Pack Password.  Again sorry for the hand holding!

Trainerman

The defence pack password is on the first page of the claim form , on the right (unless your form is different to mine). However, you will not be sending defence via MCOL but emailing to CCBCAQ, as per the newbies thread

mcpep

Found it, missed it due to panic.  No default filed as of yet so will create my defence.  Thanks again

Coupon-mad

If it takes you a day longer it is risky but don't panic (but you are in a race). We don't want you to write something that doesn't help you.

However you only have to write one paragraph so it could be done within 20 minutes or so!  Show us your planned para 3 now and we'll answer quickly.

You don't even need to register on MCOL so don't waste time on that.

mcpep

Thanks, hopefully I will get it done for 4pm but if not I will send it at 9am.

I don't suppose anyone knows where I can look up the specific details of the PCN online?  I assume it would be better to mention specific times etc.. in my defense and unfortunately I don't know them exactly at the moment.  I couldn't find anything on UKPC site, when I try to lookup to PCN it states that it's not possible as it's been passed to debt collectors