Court Claim form from UK Car park management & Gladstone

masatoi

Today I received a letter from HM Courts & Tribunals Service confirms that they have received my defence which was also confirmed on MCOL.

The letter says:

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I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). the claimant may contact you direct to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

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This process is already mentioned in the newbies thread but this is what the letter actually says.

I leave this here for future reference.

masatoi

Hi

I now received a Letter before claim from Gladstones for another ticket they issued to me in 2016.

This was issued when I parked my car without a permit at my own parking space.
I received sevral letters for this but I didn't respond at all.

I have 2 questions

1) Should I use Danielle San's template #290?

2) The letter says I need to create an account on their website to reply to them.
Should I do that or post a physical letter?

Your advice would be appreciated.
Thanks

Coupon-mad

Is this PCN issued at the same location as the court claim, same car? If so, search the forum for res judicata.

masatoi

Thanks Coupon-mad

I haven't had a recision on my current case and I must respond to the letter before claim accoding to newbieas. As you know I already sent my diffence.

How is res judicata related to my case? I read some posts but the cases already had a decision before they received letter before claim.

By the way this ticket was issues at the same location but for different cars.

Thanks

Coupon-mad

How is res judicata related to my case?

Google it.

System

How is res judicata related to my case? I read some posts but the cases already had a decision before they received letter before claim.

RJ applies to the same parties. If it is the same site and the same facts then it will be persuasive but you would need a transcript and be able to show how it is persuasive. Don't think there will be one but check with those posters.

masatoi

I'm struggling now. I understand even if they send another court claim form I can ask the court to strike out but I can't figure out how to respond to LBC using res judicata.

I understand I should respond to LBC so I will probably just use the template in #2 and move on to preparation for DQ for the ongoing case. As I will have to do this before I go on a holiday.

nosferatu1001

If the parties are different then RS does NOT STRICTLY APPLY

You were told this.
What you can say iss that for THIS part it was already decided that X has priority and their claim has no merit, it cannot succeed.

masatoi

Update

As for LBC
I emailed the template in newbies #2 to enquiries@gladstonessolicitors.co.uk
I didn't include RJ in my mail but I will ask the court to strike out based on RJ in case Gladstone sends me another claim form.

As for Court claim
I filled out DQ n180 by following bargepoles post.
I may have to send it before the court sends me a form because I'll be away.

I have a question.
In bargepoles post it says

Note: Gladstones are currently including a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing. You should oppose this, and include the following text in D1: !!!8220;The Defendant opposes the Claimant!!!8217;s request for special directions, and requests that the case be listed for an oral hearing at the defendant!!!8217;s home court, pursuant to CPR 26.2A(3)!!!8221;.

Should I include this in my DQ even I don't know if they request papers only?

Thanks

masatoi

Update on the progress.

I submitted a DQ on 25th July and MCOL shows that it was filed and the case was transferred to my local court on the 31st July.

Claimant never sent me a copy of their DQ.