Parking Charge Notice - Defence Submission

allshallbewell

Hi,
I paid using a cash only machine for a parking slot and my return was delayed . According to cameras of the large private company managing the car park my stay was for 21 minutes longer than I had paid for meaning that I underpaid by £1.30p. I received a PCN for £100 which is now inflated with the usual additions as the reason for my delayed return was not accepted by the company. Having read the threads I made an SAR to the company which has now taken its claim to Court. Having sent in an Acknowledgement of Service to the Court I am now in the 28 day period from the Date of Service to prepare my defence which will largely be based on inadequate/misleading/overcomplicated signage that the company disputes. If the HM Courts 'money claim on line' (mcol) service is used the defence is restricted to 122 lines of text. My questions are (1) Should I use the mcol text box?  (2) As an alternative to mcol what is the recommended online mechanism for sending the Court a more detailed Witness Statement and Defence please?  

Report

KeithP

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

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Do not even think about using the MCOL text box for filing a Defence. 
Answer the above questions and more guidance will be forthcoming.

allshallbewell

Thank you.
The Issue Date was 2.6.23.
The Acknowledgement of Service was filed on 8.6.23.
The company is TCP Ltd
Thank you for warning me off the MCOL text box. It looked like a bad idea to me.
Will be grateful for further guidance.

KeithP

allshallbewell said:

The Issue Date was 2.6.23.
The Acknowledgement of Service was filed on 8.6.23.
The company is TCP Ltd

Can we assume TCP Ltd is Total Car Parks Ltd?

With a Claim Issue Date of 2nd June, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 5th July 2023 to file your Defence.

That's over three 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 at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

fisherjim

allshallbewell said:

 my defence which will largely be based on inadequate/misleading/overcomplicated signage that the company disputes.

They would do that wouldn't they, the person that sent you their robo reply will never have been anywhere near the car park but you have, gather as much evidence as you can to put them in their place.

Coupon-mad

Which solicitor?  Gladstones? BW Legal?

allshallbewell

Yes, that assumption is correct. I should have spelt out Total Car Parks.

I've noted the deadline for submission and I'll go through Ralph-y's post of 27.6.20 as you suggest and take it from there.

I shall not miss the Wednesday 5.7.23 4pm deadline and hope to have my defence filed in good time. I shall now treat the MCOL website as read only having filed the Acknowledgement of Service.

KeithP

allshallbewell said:

...I'll go through Ralph-y's post of 27.6.20 as you suggest and take it from there.

I don't know what that means. Sorry.
Did I suggest that?

Coupon-mad

Ralph-y's posts are old.  We don't know which one you mean.

Please also answer my question, to help us advise you best.

allshallbewell

Sorry about that KeithP.  I waste too much time getting lost on my mac. Age thing. I think I was looking at the 7th post in the Newbies thread. I've read the second post in the same thread and will re-read. Have read 'Notes on Submitting Defence' - KeithP. Very helpful.

allshallbewell

Thank you Coupon-mad. The solicitor is DCB Legal Limited.