Is it too late to appeal this as it’s past 28 days and defaulted?

harrison6fk

I was ready to submit my appeal on MCOL using the excellent guidelines you guys have given to smart parking but it ended up being an extremely hectic month and has gone past the 28 day appeals period. It has now defaulted to the judgement than I have to pay £839!! I was just about to pay it then realised that I have the option to cancel the judgement. Is this worth doing and could I have success? Please let me know.

Gr1pr

Its never an appeal to a Money Claim, its a defence

You had 33 days from the claim form issue date to file your defence

As you failed to file your defence, a default Judgment has been issued

It would have taken you maybe 10 minutes to file the defence on MCOL, too late now

I am not convinced that you have good legal reasons to have it set aside, or that you would get your set aside fee back

I would suggest that you should negotiate a settlement figure with DCB LEGAL, privately

Someone else on here might pm you those contact details

harrison6fk

https://forums.moneysavingexpert.com/discussion/comment/81978642#Comment_81978642

thanks. If anyone does, that would be very useful. If you also have any advice on how to negotiate or your experience negotiating with them, please let me know.

harrison6fk

Hang on @Gr1pr , my original issue date was 27 march 2026 on the original claim for, so it has only been 31 days since, not 33.

Gr1pr

When was the AOS completed ? Date. ?

Ps, I have never dealt with DCB LEGAL or Smart Parking !

Car1980

It will have been the correct number of days, otherwise the "Click here for default judgment" button wouldn't have appeared on MCOL.

Coupon-mad

You should apply to your local court to STAY THE WRIT (search the forum for examples) because over £600 sees bailiffs come very soon.

This was not s case to stop the ball on!

The good news is, an application to stay the writ costs just £15 and in practice, you get a hearing and judges will use the hearing to set aside the CCJ too.

All for £15.