[Defence Stage] UK CPM & Gladstones Residential Spot

Umkomaas

If all is the same, check out the term 'Res Judicata' and develop things from that base.

Well done on your first win.

Coupon-mad

BarraDisciple wrote: »

Alright guys, I had my hearing last Monday.

Unfortunately, I didn't get to say much. The judge absolutely ripped the solicitor and went on by doing a monologue about my primacy of contract. In the span of 45 minutes I was done and dusted and walked out the court like a boss :j

All jokes aside, it was much shorter than expected, to the point where I felt a kind of bad for the solicitor, she tried to argue with the judge but knew exactly where this was going after the first few minutes.

So thank you all for the support! You've been insanely helpful

But it's not over!

The cheeky clowns from Gladstones think they have another ace up their sleeves!
Today I received another LBC from them, pursuing the very first PCN they gave me, in my very first post in this forum I mention how I was dealing with two PCNs at the same time. As time passed, it seemed that they were only pursuing one of them and dropped the other (as I received no correspondence on it).

The new LBC was sent out on the same day as the hearing I won. I don't know if they're trying to have another go. My question is: how should I treat this? Will they eventually drop it because I'd win on the same exact grounds, or should I go to court and get some more costs off them? Because I've got all the work done already :rotfl:

:T

Yay, well done - ANOTHER ONE BITES THE DUST!

Did the boss claim his/her costs back before you walked away?

How about sending a copy of the LBC this week while it is fresh in his mind, to the named Judge who held your case (remind him of the claim number and outcome) and ask if his court has the case management powers and is minded to refer them as a 'vexatious litigant' for:

(a) commencing proceedings in duplicate against the same person for substantially the same reasons, and

(b) suing a wide range of individuals for matters which are identical or have no legal validity.

https://www.gov.uk/government/publications/declaring-a-litigant-vexatious-and-the-treasury-solititor/guidance-note-vexatious-litigants-and-the-treasury-solicitor

Ask your Judge if he is minded to please refer the cases to the Senior Circuit Judges in his area, to recommend that UKCPM (and/or their robo-claim solicitors, Gladstones) be forbidden from starting civil cases in this court circuit - or at least cases involving any residents and their own car parks/spaces - without permission.

Worth a letter in the post this week; strike while the iron is hot!

Which court? Which Judge?

BarraDisciple

Thank you @Umkomaas I will look that up

@Coupon-mad Thank you! Yes, the boss told her to send the costs to my address within 14 days.

Unfortunately, I can't remember the name of the judge, I will look at my assignment letter with his surname in it as soon as I get a hold of it. Thanks for the tips, I'll post a draft of that letter here.

Quick question: Do I at this point ignore the scammers and try to communicate with the judge, or do I need to get them involved by posting them copies of this?

The hearing was in The Bristol Civil and Family Justice Centre by the way.

P.S. I got complimented on the presentation and bundle as it was really clear. Couldn't have done it without your tips! :beer:

Coupon-mad

I think when asking for a Claimant to be reported by the courts and sanctioned as a vexatious litigant, you do not have to copy in the Claimant, as this is not part of any live court process.

BarraDisciple

Hello again!

Here's a draft for the Judge, who by the way is Deputy District Judge Whiteley.

Dear District Judge Whiteley,

I am writing in regards to claim [Claim No.] held on 03/06/19. I was the defendant in that case and I am in receipt of your General Form of Judgment, which orders for the Claimant’s claim to be dismissed.

On the 05/05/19 I received yet another Letter Before Claim from the Claimant (UK Car Park Management) in which they claim to pursue legal action against me for another parking “fine” occurred on the (date) under the same exact circumstances. Please find a copy of the LBC enclosed.

To me, apart from being a sneaky second attempt at pursuing further action against me, this looks like a clear case of ‘Res Judicata’ and abuse of the court’s process.

I would like to ask if your court has the case management powers and is minded to refer the Claimant as a ‘vexatious litigant’ for:

a) Commencing proceedings in duplicate against the same person for substantially the same reasons; and
b) Suing a wide range of individuals for matters which are identical or have no legal validity.

I would also like to ask you if you are minded to refer the cases to the Senior Circuit Judges in your area, to recommend that UKCPM (and/or their robo-claim solicitors, Gladstones) be forbidden from starting civil cases in this court circuit - or at least cases involving any residents and their own car parks/spaces - without permission.

Kind regards

How does it sound? Should I just send it to the court FAO the Judge?

Thanks!

BarraDisciple

Can someone please give me feedback on the above? Thank you

Coupon-mad

Yes, go for it. May as well try every form of revenge and obstacles to the scam.

BarraDisciple

Yes! I've handed the letter to the court.

I also emailed a reply to the scammers' fo LBC kindly telling them not to waste my time or the court's time by going forward with it. Is email ok for them? I really don't want to spend one more penny on them!