Letter of Claim - Residential Parking Space

Drivebycar

IamEmanresu wrote: »

Do you intend to have the two claims combined or are you happy to have two trips to the court?

Have a read of Johnersh's take on this one. May be worth getting the court on their backs instead of a counter claim.

https://forums.moneysavingexpert.com/discussion/5709899/parking-charge-permit-on-show-but-not-in-bay#16

I would like to have them combined ideally to save me doing everything twice, as my defences will be identical.

The claim for each is 260GBP so wouldn't go over the 800GBP limit as described in Johnersh's post, but surely I could argue that it is a waste of the courts time?

Also, I am sure this depends on the individual courts but how long is the usual delay before the court date? I only ask as I am away travelling with no plans to travel home until February sort of time, and it would be a very expensive and infuriating thing to have to come back for these cowboys!

Many Thanks

System

The claim for each is 260GBP so wouldn't go over the 800GBP limit as described in Johnersh's post, but surely I could argue that it is a waste of the courts time?

Just write to the Court Manager at the Directions Questionnaire stage and ask them to be combined them to save on the court's time and resources. Shouldn't be too difficult for them.

Coupon-mad

Good point IamEmanresu.

Just repeating Johnersh's advice here as we've been referring to res judicata when really we should tell people to send a letter and draft order, asking the court to act of its own volition under their case management powers (at no cost to the Defendant, who is not at fault) and combine the two claims that deal with essentially the same 'parking charge' facts, and require the Claimant to pay the correct fee, if underpaid thus far:

Res judicata (not that the Courts really use the Latin anymore) is the doctrine that a matter has already been adjudicated upon. That simply doesn't apply here. Each claim form concerns different alleged parking incidents.

What you need to ask for is that the claims are consolidated and heard together. You should also make the Court aware that the Defendant has issued two separate sets of proceedings to pay the lower £25 Court issue fee in respect of both (a total of £50) rather than the actual fee that should apply to a dispute with a value in excess of £800, namely £60.

The issuing of two sets of proceedings is nothing more than a device to subvert payment of the appropriate fee that is increasing use of Court resources and which is wholly inappropriate. You and the Court should not be put to the time and expense of dealing with two matters. There is good case law to the effect that claims should not proceed where the appropriate fee has not been paid.

The appropriate draft directions (in my view) are as set out below. Ideally, you'd apply for this. However, if the Court is so minded, you may get away with a written request:

UPON reading the letter of the Defendant dated [date]
AND UPON the Court's Case Management Powers pursuant to CPR Parts 3.3 and 3.4
IT IS ORDERED THAT:

1. Claim numbers XXXXXXX and YYYYY be consolidated and heard together.

2. UNLESS the Claimant o pay the balance of the appropriate Court fee, namely £10.00 within 14 days of this Order, the claim be struck out.

3. UNLESS the Claimant do file and serve within 14 days of this Order a fully particularised Amended Particulars of Claim in respect of all matters giving rise to Parking Charges, to include details of the terms of any alleged contract between the Claimant and Defendant and any alleged contract entitling the Claimant to issue parking charges, the claim be struck out.

4. The Defendant do have permission to file and serve an Amended Defence, such Defence to be filed within 14 days of the Amended Particulars of Claim.

5. The Parties may apply to set aside or vary this Order within 7 days of service.