Bank Parking Park Management & DCB Legal

LimeStar

KeithP said:

As @Le_Kirk has pointed out, I did write in my earlier post on your thread...

KeithP said:

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'.

Of course @Le_Kirk thanks for getting me back on track.  I have been using NEWBIE sticky, template defence thread but I wanted to log into MCol just to check i could see the timeline of things and then then got fixated on the fact its down at the moment and not thinking clearly about next steps. 

And @KeithP you're quite right you did provide the guidance in your earlier post.

Anyway, I'm back on track, I do have the correct email to which i shall send my defence, taken from the template defence sticky thread. And i hope to send my defence in early this week.

🤦‍♀️

Just on my defence - a question.

Looking more closely at the pcn letter that arrived, it says it shows my car entering & exiting at specific times but the photos don't show that they are just pics of my the back & front of my car - they are not date or time stamped at all.  Is it worth me mentioning this, either here or in my witness statement? The crux of my defence is the machine was broken and they told me to leave, but i thought i'd check while i was thinking about it.


Thanks all for your comments folks.

Le_Kirk

Keep that for the witness statement.  Your defence is against whatever was written in the POC not the PCN.

LimeStar

Thanks all for the help etc.  I submitted my defence last night and have got the auto response from the CNBC email address so i know its landed.  I shall keep reading stuff here as i await the next step in the process.

LimeStar

Hi all

Just to update where I am with things. 

I was most surprised to receive a judgement for the claimant last week. Well what the flip happened there I thought to myself.

Once I had reassured myself that I hadn't imagined sending in my defence I phoned the court and spoke to someone who was v helpful.  I was able to tell them when I had submitted my defence, which they found and put before a judge.  I got an email the same day confirming the judgement had been set aside and today I've received a paper copy of this. 

I do have one question.

The paperwork say the claimant has 28 days after receiving a copy of my defence.  How do I know when the claimant has received my defence and the 28 days starts?   

Gr1pr

You dont,  so you should wait for the next paperwork to arrive,  no matter how long it takes,  not your problem 

Keep a check on your claim history on MCOL 

The CNBC have made this mistake numerous times in the last 6 months,  glad you sorted it out 

LimeStar

Sorry i didn't word that completely.

The paperwork says where the claimant wishes to proceed he has 28 days after receiving a copy of my defence.  After that period has elapsed, the claim will be stayed.  The only action the claimant can then take will be to apply to a judge for an order lifting the stay.  

So does that mean they have 28 days to tell the court they wish to proceed and if not then it is stayed?  And does stayed mean that's the end of the matter unless they apply to lift it?  In the experience of people on this board do they apply to have stays lifted? Has this happened to anyone else. 

Coupon-mad

It won't be stayed. The wording is standard, as is everything else covered in the first 12 steps in the Template Defence thread.

See you at WS & evidence stage.

LimeStar

thanks @Gr1pr & @Coupon-mad

see you all at the next stage :-)

ChirpyChicken

Glad it got set aside immediately.

LimeStar

ChirpyChicken said:

Glad it got set aside immediately.

so true, i was pretty shocked at how quickly it was sorted - the same day no less.  I didn't even have time to forward the original email with defence attached.  They found it from my giving them my email address and time i had sent it and then must've got it in front of a judge immediately. 

I can't fault the speed that it was rectified.