its been more than 14 days for Claim form from Bank Park Managment

Nick_Mann78

Hello, I have a Claim form and it is dated 17 aug and i had 14 days to respond...i was not at my address as i was visting a relative that was poorly. 

The PCN was for a car parked in a disable bay and without the blue badge on display. Now my son has autism and we do have a blue badge and he may have displaced it on the front seat. 

There was ample free parking in normal bays however as my son has special needs we use our blue badge for extra space when assisting him out of the vehicle.

its almost been a calendar month, is it too late for me to fight this? the fee is massive at £240 which to be honest i would struggle to pay. 

Looks like some mickey mouse court (business center) setup to land us with CCjS / defaults if we do not pay.

i would appericate any help with this...many thanks

KeithP

This thread would be better placed on the Parking Tickets Board.

I have messaged MSE to get this thread moved there, but I have a feeling they don't work weekends so it may be Monday before that happens.

KeithP

In anticipation of this thread being moved...

With a Claim Issue Date of 17th August, you had until Tuesday 5th September to file an Acknowledgment of Service. It looks like that hasn't happened. 

Since 4pm on Tuesday 5th September the Claimant has been free to seek a Default Judgment against you.

If they seek and get that Judgment before you have filed a Defence, then they win the race - it's game over - you lose.

Check your MCOL Claim History to see if there is already a Judgment against you. 
If there is, then you can ignore the rest of this post.

On the other hand if you file a Defence before the Claimant actually seeks and gets that Default Judgment, then you win this heat and go through to the next round and I suggest you aim to file a Defence as soon as possible - before 8am on Monday morning. The good news is that nothing untoward will happen over the weekend.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread on the Parking board.

Do not try and file a Defence via the MoneyClaimOnline website. The MCOL website should now be treated as 'read only'.

Car_54

Nick_Mann78 said:

Looks like some mickey mouse court (business center) setup to land us with CCjS / defaults if we do not pay.

The business centre is simply an admin unit for all online small claims. Apart from being online, everything will be handled in the same way as a "normal" county court, and its decisions have the same effect. There's nothing Mickey Mouse about it!

Nick_Mann78

Hello, only a cilam has been filed against me...how do i file a claim by email? is it the same address with every PCN ?

KeithP

Nick_Mann78 said:

Hello, only a cilam has been filed against me...how do i file a claim by email? is it the same address with every PCN ?

File a claim??
Why do you want to file a Claim?

Nick_Mann78

Keith, 

Claim History to see if there is already a Judgment against you...No judgement just yet...okay i have read the forum link you suggested and i understand how to file a defence...i am just confused about emailing it? where do i email my defence to?

KeithP

Nick_Mann78 said:

Keith, 

Claim History to see if there is already a Judgment against you...No judgement just yet...okay i have read the forum link you suggested and i understand how to file a defence...i am just confused about emailing it? where do i email my defence to?

As there is no Judgment against you yet, I am going to suggest that you now file an Acknowledgment of Service using the guidance in this Dropbox file -
https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
That will give you an extra few days - until 4pm on Tuesday 19th September to file a Defence.

Follow the guidance I gave you earlier. How to create and subsequently file a Defence is all explained in that second post of the NEWBIES thread or in posts linked from it.

Nick_Mann78

OK i have done the AOS as the file you provided and its great... Thank you so much....so now do i ignore mcol and not start a defence there and instead email my defence to  [email protected] ?

KeithP

Nick_Mann78 said:

OK i have done the AOS as the file you provided and its great... Thank you so much....so now do i ignore mcol and not start a defence there and instead email my defence to  [email protected] ?

Yes, exactly that.
There is already a template Defence written for you. You just need to add a little detail.

What a shame this thread isn't on the Parking Board.
Lots of knowledgeable people and detailed resources too.

Nick_Mann78

ok i will open a new thread on the correct board as now my intial issue has been resolved and i will get help with the defence. many thanks