UPDATE - CLAIM FORM RECIEVED: ECP - BP Hatton Cross Overstayed

KeithP

With a Claim Issue Date of 6th February, and having filed an Acknowledgment of Service('AOS') on 10th February, you have until 4pm on Monday 10th March 2025 to file a Defence.

That's almost 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 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 AOS has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

And just add the standard para 3 seen in every single other ECP DCB Legal thread in 2025.

No link. Scroll the thread titles!

fivestarsamz

Okay so here is my plan of action: 

Using this template:

A) Just to confirm, I am, in paragraph 2, admitting that the keeper was indeed the driver.

B ) This is what I am using for paragraph 3:

3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 31/05/2023" (the date of the alleged visit).  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all of their allegations.

C) Is it worth saying this in paragraph 3.1? Is it TMI or appropriate? Is 3.1 needed?

3.1 The Defendant was unaware of the limited time the Defendant had to use the facilities. Due to stomach problems on that day, the Defendant had to use the facilities which took a lot longer than expected. 

If all is good, I send it as a PDF file to ClaimResponses.CNBC@justice.gov.uk and wait for an acknowledgement as explained in steps 4, 5, and 6. 
As KeithP said I have until 10th March to submit the defence, are there any benefits in delaying it until right before that date? If not; I would rather just send it ASAP so I don't forget or get caught up in anything else. 

Coupon-mad

Yep. All good. Email it as a PDF now.

Coupon-mad

fivestarsamz said:

Okay so here is my plan of action: 

Using this template:

A) Just to confirm, I am, in paragraph 2, admitting that the keeper was indeed the driver.

B ) This is what I am using for paragraph 3:

3. Referring to the POC: paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraph 2 is denied. No PCN was "issued on 31/05/2023" (the date of the alleged visit).  Whilst the Defendant is the registered keeper, paragraphs 3 and 4 are denied. The Defendant is not liable and has seen no evidence of a breach of prominent terms.  The quantum is hugely exaggerated (no PCN can be £170 on private land) and there were no damages incurred whatsoever. The Claimant is put to strict proof of all of their allegations.

C) Is it worth saying this in paragraph 3.1? Is it TMI or appropriate? Is 3.1 needed?

3.1 The Defendant was unaware of the limited time the Defendant had to use the facilities. Due to stomach problems on that day, the Defendant had to use the facilities which took a lot longer than expected. 

If all is good, I send it as a PDF file to ClaimResponses.CNBC@justice.gov.uk and wait for an acknowledgement as explained in steps 4, 5, and 6. 
As KeithP said I have until 10th March to submit the defence, are there any benefits in delaying it until right before that date? If not; I would rather just send it ASAP so I don't forget or get caught up in anything else. 

Please update your MET Southgate Park thread.

fivestarsamz

Urgent question!

I have not received the DQ from the court yet. But I just checked on MCOL and it says its been sent? Shall I get an online one and send it? Most likely I missed it in the post? 

Gr1pr

Yes,  download it, fill it in , email it to the DQ email address 

fivestarsamz

Gr1pr said:

Yes,  download it, fill it in , email it to the DQ email address 

It just clicked to me right now. This could mean that the Claimant sent me their DQ and the DQ from the court isn't issued yet? Should I still send the DQ anyway?

Gr1pr

Send it anyway,  dont overthink this simple stage  ! ( but the CNBC haven't posted yours yet   )

Le_Kirk

fivestarsamz said:

Gr1pr said:

Yes,  download it, fill it in , email it to the DQ email address 

It just clicked to me right now. This could mean that the Claimant sent me their DQ and the DQ from the court isn't issued yet? Should I still send the DQ anyway?

No, it means the CNBC sent it to you unless the claimant has access to the MCOL system