UKPC - PCN for parking on double yellow lines

LekkerManLekker

Fruitcake said:

You don't need, liability is denied" in para 2 because it is already in para 1. The rest looks fine to me.

Thanks, I have updated my post.

KeithP

You seem to have dropped 'and driver' from your paragraph 2 since this morning.
Why?
Subsequent paragraphs make it clear that the Defendant was the driver.

LekkerManLekker

KeithP said:

You seem to have dropped 'and driver' from your paragraph 2 since this morning.
Why?
Subsequent paragraphs make it clear that the Defendant was the driver.

I was using the incorrect defence template, so had to redo it earlier.  I have updated my defence post, thanks.

Coupon-mad

Neither are incorrect.  They are both almost exactly the same defence.  But you should certainly have retained 'and driver' in the second paragraph and not copied the duplicated 'but liability is denied'.

Please read the first post of the Template Defence thread so you are ready for the next forms/letter (we can't cope with every defendant coming back one by one, asking about the first 12 steps that are already fully set out).

LekkerManLekker

KeithP said:

LekkerManLekker said:

The Court Claim arrived today (30th March) and its dated 28th March.

With a Claim Issue Date of 28th March, you have until Monday 17th April to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 1st April, but otherwise there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 2nd May 2023 to file your Defence.

That's well over four 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

Hi Keith

Why would I have until 2nd May 4pm to submit defence when all over it states 28 days to submit?

Do they disregard weekends?

Thanks

Coupon-mad

It's stated on the claim paperwork that the 28 days runs from SERVICE (assumed receipt at your house) not 28 days counting from the date issued.

That adds five days of course, as I think your forms also tell you.  Not that you are going to be filling in any paper forms.

Boat_to_Bolivia

LekkerManLekker said:

KeithP said:

LekkerManLekker said:

The Court Claim arrived today (30th March) and its dated 28th March.

With a Claim Issue Date of 28th March, you have until Monday 17th April to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 1st April, but otherwise there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 2nd May 2023 to file your Defence.

That's well over four 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

Hi Keith

Why would I have until 2nd May 4pm to submit defence when all over it states 28 days to submit?

Do they disregard weekends?

Thanks

You should really just take Keith's word for it...he is the expert on this. 

KeithP

LekkerManLekker said:

KeithP said:

LekkerManLekker said:

The Court Claim arrived today (30th March) and its dated 28th March.

With a Claim Issue Date of 28th March, you have until Monday 17th April to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 1st April, but otherwise there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 2nd May 2023 to file your Defence.

That's well over four 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

Hi Keith

Why would I have until 2nd May 4pm to submit defence when all over it states 28 days to submit?

Do they disregard weekends?

Thanks

Not sure what you mean by 'all over' but hopefully this helps...

The back of your County Court Claim Form tells you:

Note the last sentence there - "The day of service is taken as 5 days after the issue date shown overleaf".

It goes on to say:

This is confirmed in the Money Claim Online (MCOL) - User Guide, which also explains that a Defence is never due on a non-working day.

On page 14 of that document it says:

How long does the defendant have to respond to my claim?

The court will send out a claim pack to each defendant once the claim has been issued and allows 5 calendar days from the date of issue for the service of the claim. Therefore the 'date of service' is the 5th calendar day after issue.

The defendant has 14 calendar days from the 'date of service' to file a response. If the last day for filing the response falls on a day that the court is not open (i.e. a weekend or public holiday), the court will allow the next full working day for a response. The defendant can extend the time to respond to 28 calendar days by filing an acknowledgment of service (AOS).

B789

Coupon-mad said:

It's stated on the claim paperwork that the 28 days runs from SERVICE (assumed receipt at your house) not 28 days counting from the date issued.

That adds five days of course, as I think your forms also tell you.  Not that you are going to be filling in any paper forms.

I thought "service" is deemed to be 5 days after the "issue date". If the AoS is completed after 5 days and within 14 days of "deemed" service, then the defence must be filed within 28 days of the "deemed" service unless the 28th day falls on a weekend or a bank holiday, in which case it will be the next working day by 4pm.

LekkerManLekker

KeithP said:

LekkerManLekker said:

KeithP said:

LekkerManLekker said:

The Court Claim arrived today (30th March) and its dated 28th March.

With a Claim Issue Date of 28th March, you have until Monday 17th April to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 1st April, but otherwise there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 2nd May 2023 to file your Defence.

That's well over four 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

Hi Keith

Why would I have until 2nd May 4pm to submit defence when all over it states 28 days to submit?

Do they disregard weekends?

Thanks

Not sure what you mean by 'all over' but hopefully this helps...

The back of your County Court Claim Form tells you:

Note the last sentence there - "The day of service is taken as 5 days after the issue date shown overleaf".

It goes on to say:

This is confirmed in the Money Claim Online (MCOL) - User Guide, which also explains that a Defence is never due on a non-working day.

On page 14 of that document it says:

How long does the defendant have to respond to my claim?

The court will send out a claim pack to each defendant once the claim has been issued and allows 5 calendar days from the date of issue for the service of the claim. Therefore the 'date of service' is the 5th calendar day after issue.

The defendant has 14 calendar days from the 'date of service' to file a response. If the last day for filing the response falls on a day that the court is not open (i.e. a weekend or public holiday), the court will allow the next full working day for a response. The defendant can extend the time to respond to 28 calendar days by filing an acknowledgment of service (AOS).

Thanks for this.

I emailed my defence earlier, received the acknowledgement a few minutes later.

Thanks everyone for helping me write my defence, I would have been lost without your valuable insight and expertise.