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Claim form pack arrived for parking fines on private land

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  • Coupon-mad
    Coupon-mad Posts: 152,658 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes, read the new TEMPLATE DEFENCE and what it says about the Semark-Jullien case.  You need to know about that case and how to argue properly against the added costs without relying upon DJ Grand's decision from Southampton.

    As for the bundle, if the facts are the same (car, location, contravention alleged) then you could simply add a covering note that confirms that your bundle for the 1st claim also serves as the bundle for the 2nd one.  The court letter tells you that you must submit everything again by email so do it then.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Yes, read the new TEMPLATE DEFENCE and what it says about the Semark-Jullien case.  You need to know about that case and how to argue properly against the added costs without relying upon DJ Grand's decision from Southampton.

    As for the bundle, if the facts are the same (car, location, contravention alleged) then you could simply add a covering note that confirms that your bundle for the 1st claim also serves as the bundle for the 2nd one.  The court letter tells you that you must submit everything again by email so do it then.

    Thank you @c@Coupon-mad I appreciate you responding.  I will read the new defence as per above.  The facts for the 2 claims are slightly different as they refer to two different cars (both mine but changed cars over the years), everything else remains the same eg location and alleged contravention.  May be a no brainer then by what Ive just said so should I presume that I would indeed need to submit two seperate bundles?

    TIA
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    No, that material facts are the same. Car parkedd on same land, same reason for issue. 
    If you have two claims you have two bundles to file
  • Coupon-mad
    Coupon-mad Posts: 152,658 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 January 2021 at 11:35PM
    But ask the court, at every single stage, to exercise their case management powers and consolidate the two claims, into ONE hearing, to save time and expense, in accordance with CPR1.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • simone82
    simone82 Posts: 90 Forumite
    Part of the Furniture 10 Posts Name Dropper
    Morning all, the day has finally arrived.  I must admit that after nearly 2 years of this hanging over my head I will be really relieved as this has caused me alot of anxiety.  I have looked at my defence and WS and in all honesty none of it makes sense to me, just looks like confusing jargon which I am sure the Judge will rip me to shreads about today at 2pm!

    I am thinking to just ask for the claim to be thrown out for abuse of process, apart from that I have nothing much to argue....I dont understand all these point.27 blah blah and the different cases, its all confusing to me!

    Will update later, thanks everyone for the advice over the years
  • Redx
    Redx Posts: 38,084 Forumite
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    No point asking for that at a hearing , a hearing is to hear the case and will go ahead on all points in 99% of cases

    Abuse of process must be proven and rarely throws a case out of court , it's not a defence to the core issues !!
  • simone82
    simone82 Posts: 90 Forumite
    Part of the Furniture 10 Posts Name Dropper
    Redx said:
    No point asking for that at a hearing , a hearing is to hear the case and will go ahead on all points in 99% of cases

    Abuse of process must be proven and rarely throws a case out of court , it's not a defence to the core issues !!

    @Redx, so I guess I am better off just trying to remain calm and stucking to the defence I submitted?  Will the Judge mainly focus on the defence or WS?  Thank you
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 2 August 2021 at 9:30AM
    Just answer any questions put to you , but you may not get much chance !

    The Judge should have read everything from both sides , why wouldn't they ??
    In which case your defence and witness statement plus exhibits should be enough

    Read the telephone hearings thread by coupon mad posted over 12 months ago , and read the court report threads on recently completed cases this year to get the idea
  • Le_Kirk
    Le_Kirk Posts: 24,674 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    .... and make sure you are there near the phone, whose number you gave to the court at least a couple of hours before and stay until after 5.00 pm.  I has been reported that the court do not call exactly on time - shock horror!
  • simone82
    simone82 Posts: 90 Forumite
    Part of the Furniture 10 Posts Name Dropper
    Thank you both...my hearing is actually in person!!!! I dont know whether I should be happy with this??! :/
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