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UKPC/DCBL

Will shortly be submitting MCOL  having just received a claim form and then following up with a defence but will be out of the country for three months, My question is, should the case go to court, would I be in a position to defer until my return?

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Comments

  • KeithP
    KeithP Posts: 37,048
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    edited 21 March 2023 at 8:28PM
    Wait... Stop...

    What is the Issue Date on your County Court Claim Form?

    Have you filed an Acknowledgment of Service?
    If so, upon what date did you do so?
    Your MCOL Claim History will have the definitive answer to that.

    You are unlikely to get a hearing within three months, but a little later in the process you can state dates when you aren't available.
  • Jalex59
    Jalex59 Posts: 17
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    O.K, thanks.
    Issue date was 16th March. Have yet to acknowledge service.
  • Coupon-mad
    Coupon-mad Posts: 129,114
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    Which months are you away?  Can someone open your post and contact you during that time?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • KeithP
    KeithP Posts: 37,048
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    Jalex59 said:
    Issue date was 16th March. Have yet to acknowledge service.

    With a Claim Issue Date of 16th March, you have until Tuesday 4th April to file an Acknowledgment of Service but 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 18th April 2023 to file your Defence.
    That's 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'.
  • Jalex59
    Jalex59 Posts: 17
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    Which months are you away?  Can someone open your post and contact you during that time?
    April-June. Someone will be available to open post.
  • Jalex59
    Jalex59 Posts: 17
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    It’s a driver left site, of which there is no evidence of that and almost 4 years ago and so I’m banking on following due procedure above!
  • Jalex59
    Jalex59 Posts: 17
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    I note in the claim that they do not mention, driver left site, only vehicle was parked in breach, is that just standard wording?
  • Grizebeck
    Grizebeck Posts: 2,648
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    You should be fine, as you can send the N180 by email whilst away
    just fill it in online, ;put dates your away and save it to your draft folder so its already to go
    Advocate in the County Court dealing with a variety of cases, attending the courts in the North East and North Yorkshire
  • B789
    B789 Posts: 3,441
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    Jalex59 said:

    I note in the claim that they do not mention, driver left site, only vehicle was parked in breach, is that just standard wording?
    Yes. Just standard wording. Whilst you may have to go through the whole process up to and including WS, this will never get before a judge unless they get a default judgment which, in your case, you appear to be very much up to speed and will avoid that.

    If the PoC are in any way vague, such as you have described above, make sure you include the defence points #5 to #11 in this template defence:

    https://www.dropbox.com/s/lkok0eqpfz00vzw/2023 defence.pdf?dl=0
  • Jalex59
    Jalex59 Posts: 17
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    Hi all - service acknowledged. l am drafting my defence and intend to use all the paragraphs in the template. With my own words being “ The defendant entered the car park of the retail park to visit and browse the numerous shops on the site and noted the maximum stay. 

    It is alleged that the defendant left the site, which is denied. The claimant has failed to provide photographic evidence to support the allegation and the claimant is put to strict proof that the defendant left the site and where the site boundaries were defined on the signs”

    Any critique is welcome, thanks in advance.

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