LoC now court claim to Spring Parking for failure to supply SAR ***Paid in full***

[FTMDave]

When you have time, check on MCOL for the date the claim was issued.

[FruitSalad1010]

For future reference, what you are entitled to, pursuant to the UK GDPR - Article 12, is information on action taken on your DSAR within one month, not 30 days.

This is inconsequential detail which shouldn't affect the outcome of your claim and is merely provided for the benefit of others who may read this thread in future.

[FTMDave]

It would be a good idea to check on MCOL when the claim was issued.  We must be getting near the time you can obtain judgement.

[BazzaS]

On 10/11/2022 at 16:03, hitman126 said:

@FTMDaveactually, the only reason why I hadn't given a definitive response yet to the idea of throwing the book at Spring Parking

was simply due to my uncertainty over the Delivered and/or Signed status of the letter, when tracked via the Certificate of Posting.

 

However, following on from your earlier post today which I believe clarified that (please do feel free to correct me if I got that wrong),

regardless of the inconclusive "delivered" status given by the Royal Mail tracking service, legally, the letter would be deemed delivered

simply by virtue of the Certificate of Posting. With that assurance therefore in play, I most definitely would like to legally pursue Spring

Parking on this matter as proposed yesterday............unless other esteemed subject matter experts here advice otherwise. 

 

Not sure this is correct

 

There is the presumption of delivery for ordinary mail.

by sending it recorded / special delivery this might make this into a rebuttable presumption. I’m not sure if it creates a rebuttable or non-rebuttable presumption.

 

The solution (for future)

send 2 copies of any such letter, one by recorded (or even better, Special delivery) so that if it’s signed for you have proof, the ordinary mail (with proof of posting) for if they refuse the signed for ; leave them no wiggle room

 

(my understanding is that Recorded Delivery get signed for ‘en bloc’, where as special delivery will have an individual record….)

[FTMDave]

Merry Christmas Hitman!

 

Make sure Spring Parking do not have a good one in the morning

[hitman126]

All, 

 

Wishing everyone a Merry Christmas and what we pray should be a highly productive New Year.

 

So, yesterday I contemplated requesting judgment against Spring Parking for my SAR counterclaim

on the basis of the 14 day response deadline expiring. However, having then considered that the

Xmas break may have overlapped the odd day or so of that 14 day deadline, I decided to hold fire

for another 24 hours, i.e. until today.

 

On the back of that, I've just been on the MCOL portal this morning to set the wheels in motion, but

just want to be absolutely certain that I haven't misjudged or got any requirements completely wrong.

Kindly therefore find attached two pdf documents which confirm the following details:

1. The Claim issue date.
2. Spring Parking's acknowledgment of service filing date.
3. Spring Parking's change of address notification to the court and date.
4. Guidance and/or instructions on how and when a request for judgment can be made.

Upon reviewing the attached and all of the above information, I'd be extremely grateful for any feedback

to confirm whether or not I'm perfectly placed to initiate that judgment request today. Thanks.

 

 

claim_overview.pdf mcol_judgment_guidance.pdf

Edited December 29, 2022 by hitman126
inserted missing word

[FruitSalad1010]

Just to be clear is your claim a counterclaim in response to a claim issued against you or is it in fact a separate claim you have issued using MCOL?

I don't know if MCOL operates in the same way for a counterclaim or whether it is even possible to counterclaim using MCOL.

If it is a separate claim that you issued then MCOL won't allow you to request judgment before the relevant timeline is met and even then its normally only possible to make the request 24-48 hours after the timeline to respond has expired as the system appears to include a small buffer.

If Spring Parking haven't responded then go ahead and request judgment.

In the event the court doesn't deem it appropriate they will put in place a bar to prevent a default judgment while documents are being processed.

[hitman126]

Apologies. I guess I'm using the wrong terminology (counterclaim) to describe this particular claim.

 

Although perhaps linked to Spring Parking's original parking claim against me, this is an entirely

separate claim I submitted, after Spring Parking failed to acknowledge or respond to my Subject 

Access Request relating to their claim. 

[hitman126]

Well, just tried to kick off the request for judgment and the portal has immediately thrown the below error:

 

The following errors have occurred:

1. You can only request Judgment by default if the required number of days have passed.

Looks like I'm probably going to have to sit tight for maybe another day or so.

 

 

[AndyOrch]

As they have acknowledged service you can't get a default judgment...they get the full 33 days

 

 

.

[FTMDave]

They have woken up at the last minute and acknowledged service.

 

Let's see if they try to defend.  I can't see how they can have any defence.

 

Interesting about the change of address.  If they use that as an excuse it will be an admission that they've been putting a false address as their registered address.  The Vale is still showing on their site and the Companies House one.

 

 

[hitman126]

20 hours ago, FTMDave said:

They have woken up at the last minute and acknowledged service

 

In hindsight, perhaps I should have even kept mute over this SAR distress claim during the mediation

meeting on Dec 21st, as it appears that's what alerted and prompted them to acknowledge service.

Otherwise, the judgment request would have probably been well and truly 'in-flight' by now, which 

would have been the perfect way for me to celebrate the start of 2023.

 

[FTMDave]

Yes, that clicked with me too, too much of a coincidence 21 & 23 December.

[FTMDave]

Even if mediation was a "mistake", methinks Spring Parking won't be happy.

 

In their usual arrogant way they'll have expected you to be terrified of the idea of court and to have given in and paid them their grand and a half.

 

What instead have they got?

 

A defended court case which is costing them money with DCBL.

 

Failed mediation - yet more money wasted with DCBL.

 

Rubbish PoCs which they seem blissfully unaware of which will come back and hit them very, very hard.

 

An actual court claim against them which they can't really defend but they'll have had to rush to The Vale to pick up the court papers and then beg DCBL for help just before Christmas - at yet more expense.

[brassnecked]

Its not going to work out well for them it seems.

[FTMDave]

Have another look at what's happening on MCOL.

 

By my calculations their last day to file a defence is Friday.

 

They're sailing very close to the wind.

[dx100uk]

1 extra day over xmas/new year + we know northants bulk is always very backed up for atleast the 1st week after this holiday.

if they emailed their defence, and it was in time, it might not be processed till next week.

 

dx

 

[FTMDave]

You should request judgement today, if MCOL will let you.

 

Don't delay.

[hitman126]

21 hours ago, FTMDave said:

You should request judgement today, if MCOL will let you.

 

Are we in a position to do that just yet? I've just tried to request it on the MCOL portal and received the same error as before, i.e. 

 

The following errors have occurred:

1. You can only request Judgment by default if the required number of days have passed.

@Andyorch did point out just over a week ago that as Spring had finally acknowledged service, they'd get the full 33 days 

to respond and shortly after that, although delayed as a result of the recent postal strike, I received a letter from the court

which was dated 23 Dec 2022 and stated the following..........

 

'An Acknowledgement of Service to your claim has been filed today, which is attached for your information. The defendant 

now has a total of 28 days from the date of service of the claim to file a response'.

 

Now, as the claim was issued on Monday 5th December and "is considered served on the fifth day after it was issued" by my

reckoning therefore (and I stand to be corrected on this) it should be considered served five working days later, which would be

the following Monday, 12th December. Unless of course that "fifth day" stipulated by the court includes weekends/non-working

days.

 

Therefore going by the court's letter of December 23rd, Spring have 28 days from Mon, 12th Dec to file their response and I believe

that 28 day deadline should be tomorrow 9th Jan.

 

Perhaps someone here can clarify all this.

[FTMDave]

I calculate.

 

Claim issued 5 December.

 

19 days to acknowledge service = 23 December (the date on the claim form counts as day one).

 

14 days to defend = 6 January.

 

Now my maths might be dodgy, or MCOL may not be working properly at the weekend which is common - or they might have filed a defence which hasn't filtered through yet.

 

Anyway, try again this afternoon and try again tomorrow morning.

[hitman126]

21 minutes ago, FTMDave said:

14 days to defend = 6 January

 

I definitely excluded 5th Dec from the five day Claim Form Issued date count and also believe I excluded the

X'mas and New Year public holidays from the overall count................which is perhaps where the discrepancy

lies.

 

In any case, I'll be attempting my submission on MCOL again first thing tomorrow morning.

Edited January 8, 2023 by hitman126
re-wording for better clarity

[dx100uk]

there is only 1 extra added day for the holiday period.

 

dx

[FTMDave]

We have someone in a similar situation today who was thwarted for trying before 4pm!

 

So try once before 4pm and once after.

 

 

[hitman126]

Tried just after 8am this morning but then hit the same error as before. I therefore called up and after

a lengthy wait, managed to speak to an Advisor who referred me to the MCOL Tech Line. I called them

as well, but after waiting nearly an eternity and with high priority work engagements beckoning, I hung

up and have since been unable to call them again or revisit the MCOL portal. 

 

Will try and jump onto the portal again within the next half hour.

 

 

 

 

[hitman126]

Good news, I'm now able to progress with the default submission this morning.

Just got one question regarding the mode of payment - Should I request for it

to be paid:

1. Immediately
2. By instalments (not really my preferred option)
3. By a certain date (say 31st Jan 2023)

Currently, I've opted for payment to be made 'Immediately' on the draft form.