UKPC/DCB County Court claim form: Help please!

weekp

My mum recently received a country court claim form for an unpaid parking fine from July 2018. It was for Aylesbury shopping park which is free for 2 hours with a ticket. She displayed her blue badge instead but got a fine. She can't remember but thinks the blue badge may have slipped from view. She appealed on the basis of having a blue badge and they declined the appeal. She then ignored everything until this CC claim form which is dated 29th December but she only told me about any of this yesterday. I immediately went on and completed the acknowledgement of service, although the deadline has technically passed. Will this be a problem? I don't know when she received the letter, but with Christmas and post strikes there is every chance it was delayed so hopefully that will swing in her favour.

I have written a defence for her which I will email, pasting below for any thoughts/feedback. Thanks!

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 is a senior citizen, registered disabled and has a blue badge. She also suffers with severe anxiety and therefore requires reasonable adjustments to be made in accordance with the Equality Act 2010.

4.  On the 06/07/2018 the defendant entered Aylesbury Shopping Park. This car park is a free 2 hour stay car park. As a senior citizen who is registered disabled, the defendant displayed her blue badge on the dashboard as opposed to walking to the ticket machine as mobility is an issue for her. It is possible the blue badge slipped off the dashboard and was out of sight. The defendant feels the claimant should not pursue the charge since it would then be disability discrimination under the Equality Act 2010.

Coupon-mad

Looks fine - get it emailed NOW!  Make sure she gets an acknowledgement email back.

KeithP

weekp said:

My mum recently received a country court claim form...

She then ignored everything until this CC claim form which is dated 29th December but she only told me about any of this yesterday. I immediately went on and completed the acknowledgement of service, although the deadline has technically passed. Will this be a problem?

Hello and welcome.

With a Claim Issue Date of 29th December, you had until Tuesday 17th January 2023 to file an Acknowledgment of Service but that didn't happen.
That means that your Defence filing deadline became 4pm on Tuesday 17th January 2023.

Since 4pm on Tuesday 17th January the Claimant has been free to seek a Default Judgment against you.

If they seek and get 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 and gets that Default Judgment, then you win this heat and go through to the next round and I suggest you aim to file a Defence before 8am tomorrow.

The good news is that whatever the Claimant may do, nothing untoward will happen overnight.

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'.

Everywhere I have written 'you' or 'your' I do of course mean the named Defendant.

weekp

Thanks both! 

KeithP, I have checked and doesn't look to be any judgements made yet: 



I will email the defence ASAP.

weekp

Defence emailed, acknowledgement received 

KeithP

@weekp, is this progressing OK?

Umkomaas

KeithP said:

@weekp, is this progressing OK?

🤦‍♂️ didn't look too promising!

weekp

Sorry KeithP, I missed your message. We filed the defence, got an email saying they indend to proceed. Mum was offered a mediation call which she declined. She got a letter last week saying - "notice of allocation to the small claims track (hearing)". I think that is all as expected, is that right?

Coupon-mad

Yes but of course that hearing letter is important because it (or the previous court letter) gives her deadline for her WS bundle to be filed & served in good time.

You/she knows from the NEWBIES thread that defence is "not the only job" and what comes when, so we hope she's read other threads at WS stage and knows to adapt the bundle posted by @aphex007 like everyone does?

Boat_to_Bolivia

All as expected. Your mother should start preparing her Witness Statement.

Current exemplar WS are by @aphex007 and @SJRRJS which can be adapted to her claim

weekp

Ok, we will get on with the WS. There isn't a hearing date yet so no deadline for the WS as far as I can tell. Thanks for the continued advice and support!