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Court Claim - Elms Legal & Excel Parking

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Comments

  • MrJenkinsEsq
    MrJenkinsEsq Posts: 341
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    What are the entry, "paid until" and exit times from the notice, and the time(s) on your ticket? If the 24 minutes runs from expiry to exit, the Code's ten minute grace hasn't been applied and the overstay is 14. If expiry was set from ANPR entry rather than ticket purchase, it may instead be 9. An overstay as reasonable adjustment logically becomes more reasonable the shorter it is.

    I'm a random person on the internet. I hold no legal qualifications and nothing I say is advice.

  • Snacker
    Snacker Posts: 121
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    On MCOL it now says .

    A bar has been put in place on this claim. You cannot respond to the claim at this time.

    What does that mean?

  • Gr1pr
    Gr1pr Posts: 16,680
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    What was the issue date from the top right of the claim form. ?

  • Coupon-mad
    Coupon-mad Posts: 166,349
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    edited 27 August at 11:36PM

    That tends to happen if the CNBC receives an AOS by post or receives an email telling them that the D can't log in on MCOL. I assume the latter happened?

    You'll have to add the usual headers and a footer (statement of truth, signature & date) and email your defence instead, as a signed & dated PDF, emailed to claim responses.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Snacker
    Snacker Posts: 121
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    Time of entry was 16:04:18
    Time of exit was 18:31:23
    Duration of stay is shown as 2h:27:05 and the ticket purchased was for 2h. So with the 10 minutes grace period that's an overstay of 17 minutes and I should refer to it as such in my defence?

  • Snacker
    Snacker Posts: 121
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    I submitted the AOS online on 10th August and I definitely didn't email them about any login issues. In fact I now realise that the whole reason I kept mistakenly trying to log into the case with the claim number and password on the claim form is because there was no option to submit the defence when I clicked on the claim from the main dashboard screen, and that will have been because of the bar on the claim.

    So it seems that something happened between me submitting the AOS (which is showing on MCOL as received) and me going back on to try to submit my defence.

  • Coupon-mad
    Coupon-mad Posts: 166,349
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    So it must be filed by email urgently.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • MrJenkinsEsq
    MrJenkinsEsq Posts: 341
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    @Snacker I would, yes. Everyone gets 10 minutes grace so any reasonable adjustment is time on top of that.

    Do you have the time you purchased the ticket? The 2 hours you paid for arguably runs from that time and not the entry time. So you could argue the overstay was shorter still.

    I'm a random person on the internet. I hold no legal qualifications and nothing I say is advice.

  • Le_Kirk
    Le_Kirk Posts: 27,312
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    With an issue date of 04/08/26 and providing you complete(d) the AoS before or on 23/08/26, which you did, your defence deadline date is 4.00 p.m. on 07/09/26

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