The sums don't add up for me to defend

Coupon-mad

IamEmanresu wrote: »

Are all the cases based on the same location, rules and PPC client.

There is the principal (which pays to understand) of res judicata - a matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties - if they are pursing the same issues and a competent court has ruled on it, then you can put to the court (along with a long list of costs and a request to have BW issued with a restraining order) that the matter has already been decided. This puts BW on notice to show in what way this case is different from the rest and how they are not wasting everyone's time.

If the issues are the same then a counterclaim for harassment will get the matter into court and stop BW !!!!ing around and issues more claims.

IamEmanresu knows his stuff.

Stoneman why not write a covering letter with your DQ and later, your WS, asking for the claim to be struck out of the court's own volition since the matter has already been determined in your favour in claim numbers xxxxxxxx and xxxxxxxxx.

stoneman

Coupon-mad wrote: »

IamEmanresu knows his stuff.

Stoneman why not write a covering letter with your DQ and later, your WS, asking for the claim to be struck out of the court's own volition since the matter has already been determined in your favour in claim numbers xxxxxxxx and xxxxxxxxx.

WS was already filed. I am 4 days away and seeing if they blink first. I really can't afford to go to court on this. I am up to my eyes in it, I'm working weekends as it is.

I don't want to say too much in an open forum but a letter has been sent by me to the parking company outlining points made on here.

It really does stink, even though I can prove how much I will lose in wages on the day (I'm working in Manchester so will lose the whole day even if we are in first). I will be down over £300 even if I win with me only being able to claim £97.00

I would love to just go in there and say to the DJ "because of the rules for claiming expenses I'm not going to defend this even though I know I will win, how is that fair?"

Coupon-mad

If you really are not going to turn up, send a letter to the Court and (you must also send to) the Claimant's Solicitors by email on Monday morning, saying as much, due to unavoidable work commitments, and ask that the case be decided on the papers, reminding the Judge that you have in fact asked for the claim to be struck out of the court's own volition, since the exact same facts of the matter have already been determined in your favour in claim numbers xxxxxxxx and xxxxxxxxx, and the doctrine of res judicata applies.

Mark it up as URGENT FOR THE ATTENTION OF THE JUDGE FOR THE HEARING THIS WEEK - CLAIM NUMBER XXXXXXX in the subject line. Or drop a letter in by hand on Monday morning, as well as an email.

Assume your letters thus far have been filed by a Court clerk.

Maybe no Judge has picked it up yet, maybe this final letter will be read on Monday or Tuesday...at least it gives you a chance.

stoneman

Coupon-mad wrote: »

If you really are not going to turn up, send a letter to the Court and (you must also send to) the Claimant's Solicitors by email on Monday morning, saying as much, due to unavoidable work commitments, and ask that the case be decided on the papers, reminding the Judge that you have in fact asked for the claim to be struck out of the court's own volition, since the exact same facts of the matter have already been determined in your favour in claim numbers xxxxxxxx and xxxxxxxxx, and the doctrine of res judicata applies.

Mark it up as URGENT FOR THE ATTENTION OF THE JUDGE FOR THE HEARING THIS WEEK - CLAIM NUMBER XXXXXXX in the subject line. Or drop a letter in by hand on Monday morning, as well as an email.

Assume your letters thus far have been filed by a Court clerk.

Maybe no Judge has picked it up yet, maybe this final letter will be read on Monday or Tuesday...at least it gives you a chance.

Thanks, I was actually going to ask for the case to be rescheduled but on reading up I would have had to do that 10 days before and then get the approval of the claimant.

I am trying to rationalize this, I could easily phone the claimant the day before the hearing and negotiate a settlement (they want £250 have offered to stop the claim for £165, I recon I could get them down to £100 or so) OR ask for the case to be heard on the papers.

Bearing in mind the last time I was in court with this lot over 6 tickets all post POFA where non of them abided by section 4, the DJ said they only lost because they tripped themselves up, their WS said they were not relying on POFA but in chambers the solicitor said they would be, and if they hadn't done that the DJ would have allowed all of the tickets to stand.

So you can see I have little faith in the judiciary being able to deal with anything unless I am there to hold their hand.

stoneman

Is there a way of finding out my old case number? This last case was January 2017 so I have no documents left.

Coupon-mad

You could search your emails? Or ring the CCBC or your local court.

stoneman

Case was postponed because there were not enough judges, so now I have plenty of time to send in the letters suggested.

Fruitcake

stoneman wrote: »

Case was postponed because there were not enough judges, so now I have plenty of time to send in the letters suggested.

*phew*

Well there is some good news at least then. :T

stoneman

I have got a new date of 31st August, I have written to the court informing them that due to work commitments I cant attend before 16th of December and I am happy for them to pick a date after then

stoneman

And here is what happened.

I never got confirmation that my request to postpone had been received so rang them the week before to see what happens now.
I was told they hadn't received my letter and that the case would just go ahead and I would have to apply to have the judgment set aside, or I ask for it to be postponed but that would cost me. So I let it run.

Got an email today saying that the case went ahead as the claimants solicitor was there. CASE DISMISSED!