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Claim defence

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Comments

  • bargepole
    bargepole Posts: 3,231 Forumite
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    Dear Gladstones,

    As you will be aware, claim no. DXXXXXXX was heard on Tuesday 16 January at XXXXX County Court, and dismissed for the reason that the District Judge found that your client, UKCPM, did not have the necessary authority from the landowner to operate on the relevant site.

    There is a further claim, no. DXXXXXXX, proceeding through the Court system, involving essentially the same facts and cause of action as the previous one. Since the first claim has now been determined res judicata, it would be an abuse of process to continue with the second claim, for which the leading authorities are Henderson v Henderson [1843] 3 Hare 100 and Johnson v Gore Wood & Co (No.1) [2002] 2 A.C. 1, HL.

    I therefore suggest that you advise your client, in the strongest possible terms, to discontinue this second matter. Should they decide to proceed to trial, with the now inevitable outcome of the claim being dismissed, I will seek my costs, plus further costs for unreasonable behaviour pursuant to CPR 27.14(2)(g).

    Yours etc.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • completelyfubar
    completelyfubar Posts: 82 Forumite
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    edited 19 January 2018 at 11:27AM
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    :T
    Can't thank you guys enough for the support through this process, outstanding!
    The support you provide gave me so much confidence during the hearing... I emptied both barrel's when cross examined by their 'representative', he never stood a chance!
    The Judge was smiling :)

    bargepole, again, thanks for the wording, I'll get that printed off and sent to GS asap.
    I'll email it as well....

    I've also altered the heading of the 1st post so it is searchable for other 'victims' of the Gourm8 manager & UKCPM.
  • completelyfubar
    completelyfubar Posts: 82 Forumite
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    Letter & emails sent off... lets see if Gladstone's withdraw the second claim...

    I have now been given (from another victim) the original 'agreement' with the name and business clearly showing (not blanked out). This confirms that it was the manager of Gourm8 restaurant that was the 'i-ticket client'. He is not the owner or landlord of the unit, let alone the car park, so he effectively lied on his application.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Sue the idiot.
    Fraud through false representaiton would be one area for a civil claim.
  • completelyfubar
    completelyfubar Posts: 82 Forumite
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    You may have a very good point there... we have 30+ people in a facebook group that are defending essentially the same claim from the same car park at approximately the same time!
    The local council have said that they received approximately 400 complaints so just think of how big a claim we could drop on Mr Hussain!
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Add in - breach of the DPA and harassment, you sue the PPC then have the person who set it up as the second defendant.
  • completelyfubar
    completelyfubar Posts: 82 Forumite
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    .. and so UKCPM bail on the 'client' for false representation and he cops for the lot?
  • c-torr
    c-torr Posts: 2 Newbie
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    Hi, thanks for updating your thread title found it whilst preparing for my defense. How did you come about learning the ownership of the land and the retail unit etc? i know i can find it from the land registry but i don't really want to pay to access the information if possible. Also you mentioned there was a fb group for this is it visible as i could not find anything when i searched....
  • completelyfubar
    completelyfubar Posts: 82 Forumite
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    I'll PM you the FB link
  • Castle
    Castle Posts: 4,240 Forumite
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    completelyfubar wrote: »
    .. and so UKCPM bail on the 'client' for false representation and he cops for the lot?
    UKCPM are responsible for the actions of their subcontractors and Self-ticketing operatives under the IPC Code of Practice; as well as ensuring that they have Landowner's authority.
This discussion has been closed.
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