MCOL defence - wrong code in parking app

Mouse007

When you logged into MCOL I presume it did not show judgment had already been made, in which case you can file you defence tomorrow morning, during working hours. While I think you have just missed the 14 days, that would have been 4pm yesterday, you are simply now in a race to file your defence before the Claimant asks for a default judgment.

Edit to add, this is doable tonight, the template defence is ready to go. All you need to do is add what you have written above and renumber.

Suz8674

it's ok, I've found the email address now.

I would be grateful for comments on my defence. I am using the same defence for both claims as the situation is exactly the same. (It's your template para 3; all the rest after 10 is the same as the template and I have amended the subsequent paragraph numbers)

Suz8674

4 It is denied that the Defendant was in breach of any parking conditions or was not permitted to park. The Defendant avers that there was an absolute entitlement to park as payment was made to the Claimant.

5. Payment of £3.90 was made via a mobile phone app. This can be evidenced with a VAT receipt.

6. On opening the mobile phone app, which uses GPS to determine location, three car park names were shown. All were called CAR PARK. The Defendant chose “CAR PARK 24 hour car park”. This is because the Defendant understood that the car park was open for 24 hours. The other options were “CAR PARK MSCP” and “CAR PARK permit holders”. 

7. The Defendant received an SMS text message to confirm that payment had been received and had no reason to call the Claimant’s helpline as payment had successfully been made. 

8. The Claimant operates all three car parks and so has received payment.

9. The Defendant had no reason to believe the parking payment was invalid and was unaware that the wrong car park had been chosen until receipt of the PCN. The sign showing the location code to use in the mobile phone app was situated on the ticket machine which the Defendant was not using as payment was being made via the mobile phone.

10. The Defendant is a genuine customer who has paid in good faith and did not attempt to avoid paying.

Suz8674

I will send in the defence for claim 1, just wondering if it is worth sending it in for claim 2 now that I have missed the deadline?

Suz8674

Mouse007 said:

When you logged into MCOL I presume it did not show judgment had already been made, in which case you can file you defence tomorrow morning, during working hours. While I think you have just missed the 14 days, that would have been 4pm yesterday, you are simply now in a race to file your defence before the Claimant asks for a default judgment.

Edit to add, this is doable tonight, the template defence is ready to go. All you need to do is add what you have written above and renumber.

That is so helpful, thanks. I will send it tomorrow. (sorry I was too busy working on my next posts to see you had responded!)

Suz8674

Boat_to_Bolivia said:

A google search brought up this

E-mail: info@elmslegal.co.uk

Thank you 

KeithP

Suz8674 said:

...just wondering if it is worth sending it in for claim 2 now that I have missed the deadline?

Yes definitely worth it. Why wouldn't you do that?

As @Mouse007 says, as long as a Default Judgment hasn't been made, then your Defence filing is not late.
The good news is that that situation cannot change until 8am tomorrow. In other words, if you don't have a Default Judgment now, then even if the Claimant seeks one now it won't appear until after 8am.

Coupon-mad

What's your paragraph 3?

Are you using the right defence template?

Henderson v Henderson cause of action estoppel MUST be added!  Search the forum.

Suz8674

Coupon-mad said:

What's your paragraph 3?

Are you using the right defence template?

Henderson v Henderson cause of action estoppel MUST be added!  Search the forum.

the contents of my para 3 are earlier in the thread. I'm using the March 2022 template. Will look for the Henderson case, thanks. 

Suz8674

I've added the Henderson paragraphs from Nomad24's thread as a new para 2. All para numbers are amended. Thanks. I've sent the (late) defence just now. I will send the other one later as I've got to go out now. Thanks for all the help from this forum.