Court Claim from UKCPM/Gladstone for parking in my own space

UncleThomasCobley

jim_786a said:

Issue date - 16th Oct 2023

Acknowledgment of Service date - 1st Nov 2023

I've just realised that I may be past the 28 days!  :'(
What happens now? Am I too late and it becomes a defult?

You had until 4pm on Monday 20th November to file your defence. It is very probably that you now have a default judgment against you. It is also possible that the claimant hasn't yet filed for a default judgment, in which case you need to produce your defence, any defence, and email it to the CNBC immediately. With a bit of luck, you will have rescued yourself from a default judgment that cannot be set aside.

Coupon-mad

jim_786a said:

"HI, I have a court claim form ....."

Email that Defence RIGHT NOW. 

jim_786a

KeithP said:

jim_786a said:

KeithP said:

Do not use MCOL to file a Defence.

What is the Issue Date on your Claim Form?
Upon what date did you file an Acknowledgment of Service?

Issue date - 16th Oct 2023
Acknowledgment of Service date - 1st Nov 2023

I've just realised that I may be past the 28 days!  :'(
What happens now? Am I too late and it becomes a defult?

Yes, you are late with filing a Defence.

With a Claim Issue Date of 16th October and having filed an Acknowledgment of Service in a timely manner you had until 4pm on Monday 20th November to file a Defence. That hasn't happened. 

Since 4pm on Monday 20th November 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 tomorrow morning.

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

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

I've checked and the last thing on the claim status is "Your acknowledgment of service was received on 01/11/2023 at 12:05:22" so hopefully I've managed to beat them at this stage.


I've created my defence and emailed it over today, receiving the automated acknowledgement back. 

So i guess now its just a waiting game?

jim_786a

Coupon-mad said:

jim_786a said:

"HI, I have a court claim form ....."

Email that Defence RIGHT NOW. 

Done and emailed 

jim_786a

My account on MCOL now shows "A bar has been put in place on this claim. You cannot respond to the claim at this time." is that good or bad news for me?

Coupon-mad

Ring the CNBC up and point out you beat the Claimant to it yesterday, and they must reinstate the defence.

jim_786a

From a google search I found "The Bar is put in place so you can't get default judgment whilst the court processes documents received" so does this mean they are processing my documents I sent yesterday?

Le_Kirk

It seems to be good, as the claimant can also not add a default to it! As @Coupon-mad writes, call the CNBC and ask.

jim_786a

Called CNBC, seems I got really lucky! 
Gladstone tried to file for judgment on 22nd Nov, the same day i sent my defence but as the CNBC have a backlog (currently working on 16th Nov) they put a bar in place to stop them going for judgement and they should be able to accept my defence.
Now i need to wait for my questionnaire to come through over the next few weeks

jim_786a

Hi all, today i have received an email from Gladstone with Notice of Discontinuance!!!   

I followed the process provided on the forums, did the questionnaire and waited for a long while, then last week i received a letter from the Court suggesting mediation as the best course but also giving a court date in July 2024. I was not sure what I would do next but now looks like I do not need to do anything. Gladstone must have realised that I'm not going to be paying them anything and knew they would lose in court or never actually planned to take it to court.

I just wanted to say thank you to everyone for giving up your free time to help us here! You are awesome and this is an amazing forum to help us get justice!

THANK YOU