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Missed Deadline for Sending Defence By A Day- default judgement?

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  • Missed Deadline for Sending Defence By A Day- default judgement?

    I am currently helping my mum with a County Court Claim made against her for an unpaid Parking Charge Notice. Unfortunately, due to some confusion over the deadline, I sent the defence a day late. It's my understanding that a judgement has not been entered in default as of yet. Now that a defence has been filed, does that bar the Claimant from asking for a judgement in default?
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  • #2
    It depends whether a request for judgment has been made as yet. Most courts run around 10-14 days behind in their post so there is a possibility that the Claimant has requested judgment, and it hasnt been processed.

    If however your defence lands first the Court is likely to process it unless it has no merit whatsoever .

    Based on what youve said you may be ok, if you do get judgment against you then you will need to move fast, you may be able to get the Claimant to agree to set aside judgment

    One final point, are you sure you were late? Most LIPs get stuck with the times so there is a chance you may have misread or miscalculated?
    I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Originally posted by LostInLaw View Post
      I am currently helping my mum with a County Court Claim made against her for an unpaid Parking Charge Notice. Unfortunately, due to some confusion over the deadline, I sent the defence a day late. It's my understanding that a judgement has not been entered in default as of yet. Now that a defence has been filed, does that bar the Claimant from asking for a judgement in default?
      Thank you. I will double check whether a default judgement has been requested. Hopefully it hasn't been, but if it has, is it worth asking for an extension, albeit after the deadline has passed?

      Comment


      • #4
        Originally posted by pt2537 View Post
        It depends whether a request for judgment has been made as yet. Most courts run around 10-14 days behind in their post so there is a possibility that the Claimant has requested judgment, and it hasnt been processed.

        If however your defence lands first the Court is likely to process it unless it has no merit whatsoever .

        Based on what youve said you may be ok, if you do get judgment against you then you will need to move fast, you may be able to get the Claimant to agree to set aside judgment

        One final point, are you sure you were late? Most LIPs get stuck with the times so there is a chance you may have misread or miscalculated?
        Thank you. I will double check whether a default judgement has been requested. Hopefully it hasn't been, but if it has, is it worth asking for an extension, albeit after the deadline has passed?

        Comment


        • #5
          Originally posted by LostInLaw View Post

          Thank you. I will double check whether a default judgement has been requested. Hopefully it hasn't been, but if it has, is it worth asking for an extension, albeit after the deadline has passed?
          If judgment is entered then its going to be a request to the Claimant to consent to setting it aside in the first instance

          If they refuse you will need to apply on an N244 application notice to set the judgment aside.
          I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

          If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

          You can also follow my blog on consumer credit here.

          Comment

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