Court Claim Form - Advice on how best to proceed - interesting situation!

safarmuk wrote: »

Bumping. @AcidMonkey (if still around) - did you ever get a date for your counter claim hearing (so people remember the original claim by the PPC was dismissed as Glads didn't file their paperwork)?

Fruitcake wrote: »

I had read this thread back in February, and re-read it again from scratch this morning. I am as a result on my second bag of popcorn.

Acidmonkey, you are to be commended on your valiant efforts so far. Not only have you won your original case but you are seriously helping the fight against the residential private parking cause with your counterclaim.

I can't add anything to the excellent legal points made by you and others, but I am still rooting for you.

I also now cannot see any reason why you shouldn't fit a collapsible locking bollard to your parking space as long as the lease does no prohibit it. You do know of course such a bollard can be raised and locked if a car park without your permission, provided such device was installed before the parking event. A small warning sign to this effect, and that the space is being monitored by CCTV (even if it isn't) could also be added.

Loadsofchildren123 wrote: »

Yes I think the OP has done all the paperwork correctly and paid the correct fees.


What did you counterclaim for in the end Acid? Was it damages for breach of quiet enjoyment, trespass plus DPA breach? Can you put your Defence and counterclaim up here for us to see?


Parties can only be added with permission, so I think formal permission still needs to be given. I'd expect the first order from the new court to deal with this by making an order joining the MA formally as 2nd Defendant and making the usual directions on the counterclaim as it is now the only claim - so WSs and documents to be served on x date, a trial bundle to be prepared by the claimant in the counterclaim (that's you Acid - it's a bit confusing, everyone will continue to refer to you as the Defendant, but you are now really the Claimant!) and a trial date.


It's a good job you kept on top of this because some numpty at the court hadn't noticed your counterclaim/Pt 20 application (in spite of you paying the £255 issue fee plus the counterclaim fee....). So assume that the staff at the new court are equally as numpty-ish and do call them to make sure they understand that no directions have been made in the counterclaim yet and that the 2nd Defendant needs to be formally joined as a party.


There's a chance the court may list a separate hearing for the issue of the joinder of the 2nd D to be determined, but there's no reason why this can't be dealt with on paper.

Loadsofchildren123 wrote: »

Yes I think the OP has done all the paperwork correctly and paid the correct fees.


What did you counterclaim for in the end Acid? Was it damages for breach of quiet enjoyment, trespass plus DPA breach? Can you put your Defence and counterclaim up here for us to see?


Parties can only be added with permission, so I think formal permission still needs to be given. I'd expect the first order from the new court to deal with this by making an order joining the MA formally as 2nd Defendant and making the usual directions on the counterclaim as it is now the only claim - so WSs and documents to be served on x date, a trial bundle to be prepared by the claimant in the counterclaim (that's you Acid - it's a bit confusing, everyone will continue to refer to you as the Defendant, but you are now really the Claimant!) and a trial date.


It's a good job you kept on top of this because some numpty at the court hadn't noticed your counterclaim/Pt 20 application (in spite of you paying the £255 issue fee plus the counterclaim fee....). So assume that the staff at the new court are equally as numpty-ish and do call them to make sure they understand that no directions have been made in the counterclaim yet and that the 2nd Defendant needs to be formally joined as a party.


There's a chance the court may list a separate hearing for the issue of the joinder of the 2nd D to be determined, but there's no reason why this can't be dealt with on paper.

Loadsofchildren123 wrote: »

I think you should try and add something to your counterclaim about these new tickets. Certainly an injunction (wasn't that in there anyway? I haven't looked, but I would have applied for damages for trespass plus an injunction preventing any further trespass).


Under the rules, you'd need to formally amend your counterclaim. I'm trying to think what you'd apply for: perhaps a declaration that all pcns issued after the date of the MC agreeing that your bay wouldn't be subject to the controls are void..... However, you'd have to pay a fee to amend (the rules for amending claims and counterclaims are fairly easy to follow, it would be paper permission you'd be applying for so a fee of £100).


However, often the courts give a lot of leeway to LiPs and in small claims. So if you don't want to have the faff of amending your counterclaim, you could shove all of this in your WS and then on the day ask for a declaration of some sorts. You must put the PPC on notice that you are going to do this so they can't say they've been ambushed. Perhaps write to them now saying you'll be seeking the court's leave to apply for a declaration and invite them now to withdraw the new pcns and to confirm they will never again enter onto your space or issue any car parked on it with a pcn. You could also say that their actions in continuing to harass you and to wrongly process your data, and in continuing to trespass on your space, mean that you will be asking the court to award aggravated damages and ask again that they desist.

Loadsofchildren123 wrote: »

in your counterclaim - can you remind us what your counterclaim says?