Missed small money claim deadline

wrestpcn

Please advise.

I have a small money claim form which was served on September 20 2023. I inadvertently calculated 38 days as opposed to 33 days on my calendar so hoping to send the defence today. But I have just realised my mistakes as the deadline should have been on Monday 23rd. Even though I have sent the defence just now, I wanted to find out what should be a correct way to go about this or there is no remedy and I will just have to wait for the judgement to be entered against me.

Is there any excuse I could legally tender or certain steps I could take to ensure that my defence counts and judgement is not entered by default.

Thanks for your help

wrestpcn

 I read the rules in the link: Not I have changed the s in https to x as I am a newbie

httpx://www.civillitigationbrief.com/2020/02/05/new-rules-on-entering-a-default-judgment-where-acknowledgment-of-service-or-defence-is-filed-late/

where it says 

2) Judgment in default of defence may be obtained only –

(a) where an acknowledgement of service has been filed but at the date on which  judgment has been entered a defence has not been filed;

Should I add it to my defence and resend or just wait?

Grizebeck

Check your MCOL transaction history

GrumpyDil

As Grizebeck says check your MCOL history. As long as judgement has not been entered then your defence should be accepted.

If judgement has been entered the you are too late. 

wrestpcn

Fortunately, nothing like judgement on the MCOL so I guess I will wait for the next step from the court

fatbelly

Actually if service (not issue) date is 20 Sept, then the defence date, assuming you acknowledged service, was 18 Oct

If you didn't, it was 4 Oct

Fruitcake

MCOL should show that your defence has been received. If it has, and no judgment has been entered against you, then you should be okay to proceed. 
Please show us what you put in your defence. Please also tell us the name of the PPC and where the alleged event occurred. Plan A is always a complaint to the landowner and your MP, and it is never too late to do so if you haven't already.

wrestpcn

@fatbelly thanks, it was issued on Sept 20. I need to use accurate terms 

wrestpcn

@Fruitcake
Perhaps I can still modify some sections of my response. I have basically adapted the template recommended on this platform.

PPA is Civil Enforcement Limited. The only modified part is my personal defence which goes thus:

3. The car park is a regular one used by the Defendant and his family when shopping in XXXX supermarket, who owns and operates the car park. Even though the Defendant vaguely remembers exactly what transpired on this day, the Defendant was highly surprised to see the PCN delivered to his address claiming breach of contract. 

4. For the avoidance of doubt, this car park usually has a designated collector from XXXX supermarket at the entrance wearing high visibility clothing and collecting cash before allowing car entrance into the car park. The Defendant will be submitting video and photographic evidence showing the collector in the act of collecting money and the evidence will include a dated Google street view snapshot going back to 2020 showing this is an established practice there. This payment is collected irrespective of whether the customer is buying in XXXX supermarket or not. The usual defence we get from the collector is that money would be returned with receipt of purchase. Sometimes, the collector would be long gone before finishing from the store making retrieving back the money impossible

5. The Defendant has taken issue with this practice on multiple occasions but the collector persists. The Defendant therefore feels very aggrieved that he has been flagrantly chased, pursued and harassed for over a year with threatening and repeated debt letters by the Claimant asking for an unmerited charge while the Defendant should be the one claiming back money. It is either the Claimant is not in tune with the alternative arrangement on the car park site where XXXX supermarket has designated a collector to collect cash payment or the Claimant have just deemed it fit to harass the Defendant hoping he would cave in to pressure. Whatever is the case, this has been a traumatising experience for the Defendant and the Defendant will be seeking redress as the process has taken its toll on his family.

And no, I havent complained to MP or Landowner. I just felt why would they be chasing for money when they collect money on site and the letters would eventually stop

Coupon-mad

Did you get an auto-acknowledgement mail back from the CCBC?

If so, you won the first race.

If not, your defence is NOT in.

Be more prepared at WS stage in 2024 because if you'd come here in time you'd have seen to use CEL v Chan early in that defence.  In fact the current Template Defence links you straight to it AND it's about CEL claims, so I'm surprised you missed it.

wrestpcn

@Coupon-mad Thank for your response. Yes, I have got an auto acknowledgement and it seems my MCOL account has been updated with defence received.

I assumed from your response, the defence can not be updated? So I will just focus on the WS.