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  • FIRST POST
    • Rps
    • By Rps 9th Apr 18, 10:11 AM
    • 23Posts
    • 12Thanks
    Rps
    County court response date has passed.
    • #1
    • 9th Apr 18, 10:11 AM
    County court response date has passed. 9th Apr 18 at 10:11 AM
    Please help!
    My mum had received 2 tickets on consecutive days for unknowingly parking in a visitor permit only bay (she has owned the property for years, initially renting it out but then moved in herself and none of us realised we were parked wrongly. We have all been parking in this bay for 2 years with no tickets). My brother did some research and (wrongly) advised to ignore the initial tickets....My mum does not recall receiving NTK, can we check anywhere if she did, she did receive a letter before claim, I did look into it but not find the exact information I found today which would have been helpful at the time. My mum has since been on holiday for 4 weeks in which time she has received court papers but the respond date has passed. Can she still reply late online or will this now just go to court? the court is not local either, must she attend?

    My mother is originally dutch and does not have the vocabulary to draft any response so its down to me to try and rectify this.
    The solicitors are gladstones....

    Any advice would be much appreciated.
Page 3
    • KeithP
    • By KeithP 13th Apr 18, 6:27 PM
    • 8,733 Posts
    • 8,634 Thanks
    KeithP
    Looks to me that the AoS was done late.

    It needs to be done within fourteen days of service - in your case, by 31 March.
    .
    • Johnersh
    • By Johnersh 13th Apr 18, 6:32 PM
    • 1,154 Posts
    • 2,189 Thanks
    Johnersh
    Default judgment requires a request to be lodged by the Claimant. (para 11.1)
    https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07/pd_part07e#7.1

    One might envisage that the Claimant will be quick to make that request. Can you not lodge into the MCOL portal with the identifier code to check the status of the claim?

    *I would add that an AOS (even if late) will prevent a default judgment - provided that it has been received before the request for judgment was made. If it was filed late, don't count on it having bought you more time, however. The Defence must now be lodged asap if it's not in already*
    Last edited by Johnersh; 13-04-2018 at 6:50 PM.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • Redx
    • By Redx 13th Apr 18, 6:32 PM
    • 18,915 Posts
    • 23,903 Thanks
    Redx
    we know its confusing but that is because the government dont keep up with technology and dont allow people more characters in that defence box, dont allow people to upload their finished pdf file , etc - hence why it is now emailed but in the past people posted it (which can still be done but it may arrive late , be lost in the post etc)

    until the goverment improves the MCOL system then emailing it as a pdf to the correct email address is the best method , hence why you were told this

    had the aos been done in the first 14 days after the service date, it would have doubled the time to prepare a defence from 14 days to 28 days , but it was done late and you and your family are playing catchup and hoping it is still in time , so email was also faster than post

    the people here are trying to help you to rectify all the mistakes that have been made, in the hope of rescuing this from the CCJ pile

    as mentioned above, logging back in may tell you the current status

    either way , phone the court on monday morning and see if the emailed defence has been accepted
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Rps
    • By Rps 13th Apr 18, 6:58 PM
    • 23 Posts
    • 12 Thanks
    Rps
    I've already emailed it over, will also send the hard copy just in case.
    • Quentin
    • By Quentin 13th Apr 18, 7:01 PM
    • 36,872 Posts
    • 21,007 Thanks
    Quentin
    AOS was done monday....I've emailed now.
    Clearly I dont know what im doing, it's too confusing. Thank you all for your help. Will they notify my mum if the have already ruled?
    Originally posted by Rps
    It was explained in #2. How was it confusing? The urgency stressed to you in #5

    ( Your AOS won't count if the claimant has requested judgement prior to the defence being submitted.)

    Let's hope they have been lax in requesting judgement
    • Rps
    • By Rps 13th Apr 18, 7:06 PM
    • 23 Posts
    • 12 Thanks
    Rps
    It doesn't mention current status, only tells me when my AOS was sent and received.
    • KeithP
    • By KeithP 13th Apr 18, 7:09 PM
    • 8,733 Posts
    • 8,634 Thanks
    KeithP
    Have you filed your Defence yet?

    Four days have passed since you started this thread.

    Time is of the essence.
    .
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