Claim received for unpaid Parking Charge Notice

Coupon-mad

The SRA (not the legal ombudsman, which is only for cases where a client is complaining).

It's too late for a counterclaim but not too late for a claim.  But gather your evidence first. A SRA finding in your favour would be great.

Afrochap

Coupon-mad said:

The SRA (not the legal ombudsman, which is only for cases where a client is complaining).

It's too late for a counterclaim but not too late for a claim.  But gather your evidence first. A SRA finding in your favour would be great.

I've just checked my Equifax file and can see the judgement on my file even though I paid in less than a week of the deafult judgement. 

I also emailed CCBC the receipt immediately it was received. 

KeithP

Afrochap said:
I've just checked my Equifax file and can see the judgement on my file even though I paid in less than a week of the deafult judgement. 

A Judgment is almost instant, although it usually takes a few days to appear in Equifax, etc.
A Judgment will be removed if payment is made within the stated timescale, and again that may take up to two weeks to vanish.
After that time no trace of the Judgment will remain.

Afrochap

KeithP said:

Afrochap said:
I've just checked my Equifax file and can see the judgement on my file even though I paid in less than a week of the deafult judgement. 

A Judgment is almost instant, although it usually takes a few days to appear in Equifax, etc.
A Judgment will be removed if payment is made within the stated timescale, and again that may take up to two weeks to vanish.
After that time no trace of the Judgment will remain.

Thanks. 

I've just read online that N443 with a £14 payment is required for a certificate of cancellation provided its paid within a month of judgement or if paid outside 1 month period a certificate of satisfaction.

However, based on your comment it sounds like the removal process is automatic but will take time.

I'm asking because, my credit file has always been excellent and I have a remortgaging process commencing in December. I don't want no trace of it on my file by then.

Also I [plan to report them to SRA as they clicked for judgement at 7pm on the day of Defence deadline. However, I looked at the times and note the following 

Your acknowledgment of service was submitted on 20/07/2023 at 18:06:03

Your acknowledgment of service was received on 21/07/2023 at 08:05:43

A judgment was issued against you on 17/08/2023 at 19:07:55

My questions:

1. Is the 14 days counted from day of submission or day of receipt? In my case 20/07 or 21/07

2. If I am complaining to SRA that they clicked for judgement on the exact date of Defence deadline wouldn't the time of submission (18:06) and the time of their click for judgement (19:07) be considered? i.e. if the time matters then they clicked for judgement after 14 days, 1 hour and  7 minutes. 

If its the case that number 2 above works against me. What are the chances of SRA finding on my behalf if I complain and provide proof that I sent an Estopell email to Gladstones on 08/08 but they never responded and instead clicked for judgement anyway. 

Update on the first Claim - CCBC has sent it to my local Court 

Coupon-mad

What was the date of the Claim form?

Afrochap

Coupon-mad said:

What was the date of the Claim form?

Claim form date 11 July 

KeithP

Afrochap said:

Coupon-mad said:

What was the date of the Claim form?

Claim form date 11 July 

Afrochap said:

I looked at the times and note the following 

Your acknowledgment of service was submitted on 20/07/2023 at 18:06:03

Your acknowledgment of service was received on 21/07/2023 at 08:05:43

A judgment was issued against you on 17/08/2023 at 19:07:55

With a Claim Issue Date of 11th July, you had until Monday 31st July to file an Acknowledgment of Service and did so.

Having filed an Acknowledgment of Service in a timely manner, you had until 4pm on Monday 14th August 2023 to file your Defence.

From that it looks like at least three days passed after the filing deadline before a Judgment was issued on Thursday 17th August.

Have I missed something?

Afrochap

KeithP said:

Afrochap said:

Coupon-mad said:

What was the date of the Claim form?

Claim form date 11 July 

Afrochap said:

I looked at the times and note the following 

Your acknowledgment of service was submitted on 20/07/2023 at 18:06:03

Your acknowledgment of service was received on 21/07/2023 at 08:05:43

A judgment was issued against you on 17/08/2023 at 19:07:55

With a Claim Issue Date of 11th July, you had until Monday 31st July to file an Acknowledgment of Service and did so.

Having filed an Acknowledgment of Service in a timely manner, you had until 4pm on Monday 14th August 2023 to file your Defence.

From that it looks like at least three days passed after the filing deadline before a Judgment was issued on Thursday 17th August.

Have I missed something?

Is it not counted from 2 weeks after the AOS? 

As previously stated, the Defence was emailed (but unknowingly didn't go through) on 08/08, the same day emailed Gladstones. 

KeithP

Afrochap said:

KeithP said:

Afrochap said:

Coupon-mad said:

What was the date of the Claim form?

Claim form date 11 July 

Afrochap said:

I looked at the times and note the following 

Your acknowledgment of service was submitted on 20/07/2023 at 18:06:03

Your acknowledgment of service was received on 21/07/2023 at 08:05:43

A judgment was issued against you on 17/08/2023 at 19:07:55

With a Claim Issue Date of 11th July, you had until Monday 31st July to file an Acknowledgment of Service and did so.

Having filed an Acknowledgment of Service in a timely manner, you had until 4pm on Monday 14th August 2023 to file your Defence.

From that it looks like at least three days passed after the filing deadline before a Judgment was issued on Thursday 17th August.

Have I missed something?

Is it not counted from 2 weeks after the AOS? 

No it is not.

Back to basics...

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).

Afrochap

KeithP said:

Afrochap said:

KeithP said:

Afrochap said:

Coupon-mad said:

What was the date of the Claim form?

Claim form date 11 July 

Afrochap said:

I looked at the times and note the following 

Your acknowledgment of service was submitted on 20/07/2023 at 18:06:03

Your acknowledgment of service was received on 21/07/2023 at 08:05:43

A judgment was issued against you on 17/08/2023 at 19:07:55

With a Claim Issue Date of 11th July, you had until Monday 31st July to file an Acknowledgment of Service and did so.

Having filed an Acknowledgment of Service in a timely manner, you had until 4pm on Monday 14th August 2023 to file your Defence.

From that it looks like at least three days passed after the filing deadline before a Judgment was issued on Thursday 17th August.

Have I missed something?

Is it not counted from 2 weeks after the AOS? 

No it is not.

Back to basics...

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 setting things straight. These things can be confusing especially when one doesn't work in the legal field.

Do I still have a cause for SRA complaint based on the fact that they did not respond to my Estopell communique? 

Also is the process of removing the record automatic or I need to make an application?