URGENT: County Court Claim

Coupon-mad

Make sure you attach COPIES of all the letters and the new claim, and state that the Claimant is abusing the court process by trying to mislead a litigant in person Defendant into thinking dismissed claims have not gone away.

And by filing a new one based on exactly the same facts, location, etc., in a form of torture, drip-by-drip claims to try to cost the Defendant more, or make them miss a defence and get a CCJ, when all of this should have been in a single claim.

GolfR12

Hi guys,

Please see letter below for critique. I am not sure if I have referred to the DENTON case correctly. Furthermore, I am unsure how what to say in the closing paragraph which I assume will be asking the judge to look into this further? Would appreciate some assistance with this.

***PLEASE NOTE: The new claim form DOES NOT state the vehicle registration, it just states ‘The driver of the vehicle registration (the ‘Vehicle’). I’m not sure if this is significant but thought I would mention. However, the car park is the same as well as the period of the alleged contraventions (around the same dates as dismissed claims).

DEFENDANT
ADDRESS
ADDRESS LINE 2
POSTCODE

DATE


Deputy District Judge NAME
County Court of XXX
ADDRESS
ADDRESS LINE 2
POSTCODE


Re: XXX1, XXX2, XXX3 and XXX4 (CLAIM NO’s)

Claimant: Euro Parking Services Ltd
Defendant: XXX

Dear Judge XXX,

My case as detailed above was heard on Xth November 2018 at XX:00am. I am writing to notify you of the vexatious and unreasonable conduct by the Claimant following the hearing.

The facts of the hearing were as follows:

XXX1 – Claim dismissed due to the Claimant failing to pay the hearing fee
XXX2 – Claim dismissed due to the Claimant failing to pay the hearing fee
XXX3 – Claim dismissed due to the Claimant failing to submit any evidence

Gladstone Solicitors who have been acting on behalf of the Claimant sent a letter addressed to the Defendant dated Xth November 2018 (attachment 1) stating the Claimant has submitted an amended witness statement for Claim No: XXX2 in readiness for the proposed reallocation of hearing.

Gladstone Solicitors then sent a letter addressed to the Defendant dated Xst November 2018 (attachment 2) stating the Claimant has submitted a Witness Statement for Claim No: XXX1. A further letter dated 21st November 2018 (attachment 3) for the same claim was received by the Defendant a few days later with a date stamp of 23rd November 2018 on the envelope.

Furthermore, the Claimant has filed a new claim (XXX4) dated 9th November 2018 (attachment 4) for three more Parking Charge Notices (PCN’s). This case is highly likely to turn on the exact same facts as the claims previously dismissed as it is in relation to the same vehicle, same car park and same alleged contravention.

The Claimant is therefore abusing the court process by trying to mislead a litigant in person Defendant into thinking dismissed claims have not gone away.

This is addition to the Claimant’s vexatious and wholly unreasonable conduct in ticketing the car in the first place in a predatory way with no ‘legitimate interest’ justification, and their conduct throughout the recent abovementioned claims where they paid no regard to the interests of me as a consumer and paid no regard to Court Directions, despite using a solicitor and having no excuse (Denton v TH White Ltd (2014) EWCA Civ 906 – In considering whether a breach is serious or significant, the court accepted that in many circumstances the most useful measure would be whether the breach imperilled future hearing dates or otherwise disrupted the conduct of litigation [including litigation generally]. This measure would not work in all cases, for instance if there has been a failure to pay court costs)

By filing a new claim based on the exactly the same facts, in a form of torture, drip-by-drip claims, the Claimant is trying to cost the Defendant more, or make them miss a defence and get a County Court Judgement, when all Parking Charge Notice’s should have been filed within a single claim.

***CLOSING PARAGRAPH**

I trust this information is sufficient; however, I am willing to provide any further information as deemed necessary whenever requested.

Yours sincerely,


DEFENDANT

bargepole

Firstly, there is little point in writing to a Deputy District Judge. These are part-time Judges who sit on odd days at various different courts, and it may be months before that particular DDJ returns to that court.

Secondly, you are suggesting that the Judge should 'look into this', but that's too vague and won't result in any action.

If you are intending to put a stop to all these claims for the same issue, you should apply to the Court for a Civil Restraint Order, on the proper form, and with the relevant fee.

The letter that you have written will likely go nowhere.

Coupon-mad

Send it anyway - can't hurt. Maybe that DDJ hates PPCs.

GolfR12

I’ll send it anyway, as you said it can’t hurt.

Are there any amendments that I should make? And would appreciate if someone could assist with a closing paragraph (asking the judge to look into the misconduct of the company or something along those lines maybe?

Lastly, should I still file a defence for the new claim despite sending the letter?

GolfR12

Should I still file the defence for the new claim even though I’ll be sending a letter to the judge? Don’t want to end up with a CCJ

GolfR12

Also, the new claim does not mention a vehicle reg. I’m guessing this will form a huge part of the defence? Are there any suggested paragraphs which I can use for this in my defence?

GolfR12

Hi guys,

I need to submit my defence by tomorrow so would appreciate a response the above questions.

Many thanks

Coupon-mad

What happened in the end and are you now defending another drip-fed claim?