I missed n180 deadline, but so did claimant (UKPCL)

turtlemoose

Hi, I'm dealing with a mcdonald's parking fine. I followed the advice on the excellent sticky threads here and did my defence online on money claim online etc. Then I foolishly buried my head in the sand and pretended it didn't exist any more. I've just had a letter today (3rd May) but dated 27th April, saying that neither the claimant nor defendant had submitted the N180 and we have 7 days from the date of the letter to do so. 

I've used the threads on here to fill it in and will submit it via email later today.

I have a question about the letter from the court, it states:

"This notice is served pursuant to paragraph 26.3(7A)(a) & (b) of Part 26 of the civil Procedure Rules. The parties have the right to apply to have the Order set aside, varied or stayed."

Does this mean that I can basically ask "If the claimant doesn't reply by the deadline, please put the order aside?". If so, how do I go about this please?

KeithP

I wouldn't worry about trying to get the order set aside. All that would do is remove your opportunity to file a late DQ.
Just complete a DQ and return it - remembering to send a copy to the Claimant.

turtlemoose

ok thanks. Is email an appropriate/acceptable way to send it to them or do I need to do it via snail mail recorded etc?

KeithP

turtlemoose said:

ok thanks. Is email an appropriate/acceptable way to send it to them or do I need to do it via snail mail recorded etc?

Email is fine - as described in the checklist in the opening post of the Template Defence thread.

Boat_to_Bolivia

@turtlemoose I may have misread your OP, but are you saying you submitted your defence on the MCOL website?

turtlemoose

@Boat_to_Bolivia the defence was sent in via email (following instructions from the sticky post on this board), the MCOL thing was just the acknowledgement etc and saying that I was going to defend the claim. 

Grizebeck

Just email it NOW

Boat_to_Bolivia

turtlemoose said:

@Boat_to_Bolivia the defence was sent in via email (following instructions from the sticky post on this board), the MCOL thing was just the acknowledgement etc and saying that I was going to defend the claim. 

That's a relief. I hope you have by now emailed your N180 to the court and the claimant!

turtlemoose

Yes, I did send the N180 to the court and the claimant's solicitors yesterday afternoon (day 6). Got an automatic confirmation email from both. 

turtlemoose

ok I really messed up. Just checked and i didn't add the attachment to the email. I can't believe I've been so stupid. Is there any point in sending it today (day 8 when the court gave a deadline of 7 days)?

The_Loner

Resend it today, with attachment, you would have got a reminder to send DQ anyway.

They’ve a big backlog in dealing with DQ,s, approximately 4 weeks. Don’t panic it’s a defended claim and will get allocated to your local court eventually.