No letter of discontinuance received, parking charge notice

MayaXx

Hi I’d appreciate any advice please

We received in total 10 PCNS for parking in our own space. Having been to court twice and won both claims I was surprised when I received another court claim for the final two PCNS they hadn’t included in the previous hearings. 

The PCNs are for the exactly the same thing I have already been to court for and defended successfully. 

I rang the solicitor representing the parking company and they have sent me email confirmation that they have been in touch with the courts and cancelled the claim and that no further action will be taken against me. 

This was two weeks ago, but the claim is still active on MCOL and I have received no letter of discontinuance. (Not something I was aware of until today.) 

I have filed for acknowledgment of service, so I now have a week left to file my defence. I have been hoping it will have been cancelled by now.

If they do continue with the claim against me then I plan on making a counterclaim this time (which I have informed them of). 

Obviously I don’t want to do this if the claim has been revoked. I would prefer not to go through the whole legal process again. 

I have rang the courts but they told me to wait as it might not have been processed yet. 

Any help appreciated, I have very little legal knowledge. Thanks. 

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.

MayaXx

Issue date was 21/7 and I filed acknowledgment on the 2/8. Which leaves me with roughly 1 week to file a defence. 

Sorry if I wasn’t clear but since it’s already been 15 days since I received an email confirming that the claim had been cancelled; surely I should have received some correspondence from the claimant/ court by now? MCOL is still allowing me to file my defence it appears it hasn’t been cancelled? 

My suspicions are that they are expecting me to forget about the claim (assuming it has been cancelled) and miss the deadline to submit my defence. But I’m hoping I am wrong. 

Thank you for your reply. 

KeithP

MayaXx said:

Issue date was 21/7 and I filed acknowledgment on the 2/8. Which leaves me with roughly 1 week to file a defence. 

I've read that you are hoping this will be cancelled, but I would suggest (and you seem to agree) that you prepare and file a Defence in the hope that it won't be needed.

With a Claim Issue Date of 21st July, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 23rd August 2023 to file your Defence.

That's nearly two 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'.

Umkomaas

The CCBC is well behind in its admin, so delays in updating files are becoming the norm. But crack on - as per @KeithP's advice. 

Coupon-mad

Search the forum for Henderson defence for the extra paragraph you need about multiple claims being an abuse of the court process.

MayaXx

Thanks for the replies, I already have my defence prepared from the previous hearing but I will have a read and add the Henderson defence to it. As well as the email saying they won’t be taking any further action against me. 

One last question, if making a counterclaim can I still send my evidence via email or does it have to be on MCOL? 

I appreciate the help.  

Coupon-mad

We received in total 10 PCNS for parking in our own space. Having been to court twice and won both claims I was surprised when I received another court claim for the final two PCNS they hadn’t included in the previous hearings.  

Hmmm...very good evidence for the DLUHC. 

Could you please show us photos of all 3 claim forms with all the claim numbers, your data, your car reg and the MCOL password redacted of course?

What's your counterclaim for? 

No evidence gets sent at defence stage.

 To read successful Counterclaims read the CC threads by:

@Nosy
@ellaro9

and decide if you think you have grounds. You will see that it is possible to counterclaim but it needs a proper argument supported by a point or points of law.