Parking in own space: issued with claim despite previously winning at County Court

The_Slithy_Tove

At this rate, surely you should also consider going down the "trespass" route as suggested earlier in this thread. Have you given UKCPM (copy the management company) notice to keep off YOUR land and YOUR property?

Half_way

Where are the management company in all of this?
The parking company will just keep on doing what the management company tell it to/allow it do, as you are now finding out.

nosferatu1001

1) file a counter claim for breach of DPA and harassment. Theyve lost 3 times, they cant keep trying again. Res Judicata is totally appropriate here as well
2) file an applicaiton with the court to have this struck out NOW - prior to any allocation. This will cost £100 to get it properly in front of a judge.

The prior to allocation is key. It allows you to claim your *full* costs, with NO reliance on CPR27.14 *at all*. This can be higher than the £19 an hour as well, as you aruge that 50% of a band C fee earer, approx £60ph, is approipriate given the sheer gall of the claimant

If you do 1) I would enjoin the principal to the contract - presumably the MA - as a co-defendant. Part 20 application to the court. They are jointly and severally liable for the actions of their agent.

KeithP

UKCPM_Suck wrote: »

Well guess what ... I had another County Court Claim pop through the letter box this morning...

What is the Issue Date on your Claim Form?

UKCPM_Suck

The issue date was 13th January 2020.

How do I apply to get it struck out now, and what if that application overlaps with the deadline for responding to the claim form?

KeithP

UKCPM_Suck wrote: »

The issue date was 13th January 2020.

With a Claim Issue Date of 13th January, you have until Monday 3rd February to file an Acknowledgment of Service, but whether that is the right thing to do in your situation... I don't know.

Wait for others to comment.

UKCPM_Suck

Thanks all for your input. I'll definitely pursue the DVLA angle to make life more difficult for them!
I'm finalising my defence on the Claim Form and I wanted to cover off the point about previous judgements and the Claimant's conduct in ignoring these. I've looked at Res Jusdicata and abuse of process and I'm not sure if meets the threshold - though their conduct could be judged as such in layman's terms and is clearly a waste of court time in my view.

So I've put in the following wording. Is this strong enough? I've inserted into a previous draft defence from here which has worked well for me. 

BEGINS

5.The Claim appears to be identical to 3 previous claims brought by the Claimant: 111111 and 222222 which were both dismissed by the District Judge and 333333 which was discontinued at a late stage despite being joined to 222222. The Claimant was also found to have behaved unreasonably.  

4. The Defendant avers that the Claimant’s behaviour is unreasonable by continuing with a course of action where the facts are essentially the same as previous claims considered and dismissed by the Court, having the opportunity to join this claim with previous claims against the Defendant to ensure efficient and fair process, and having knowledge of the previous judgements in favour of the Defendant yet advancing no further arguments for the Court to consider in this claim. The defendant avers that the Claimant should respect the previous judgements of the County Court and its failure to do so amounts to an abuse of process and deliberate waste of the court's time. 

ENDS

Comments welcome!

nosferatu1001

I woudl a) Counterclaim for a LARGE amount. £1000 or so. THey have TWO judgements against them and Makea  formal application to the courts (£100) once the defence is submitted, to get the claim struck out. Include in your application your LARGE costs to date, at £19 per hour, as NO COSTS LIMITS apply - it is pre-allocation to any track.
File a complaint with the SRA. Gladstones have *failed* their professional duties. They have NO EXCUSE here and the SRA *must* sanction them. 

KeithP

If you are planning on filing a Defence, then I really hope you filed an Acknowledgment of Service before Monday 3rd February. I'm going to assume you have done that. Please confirm.

With a Claim Issue Date of 13th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 17th February 2020 to file your Defence.

Not long now.

When you are happy with the content, your Defence could be filed via email as suggested here:

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
6. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
   
   After filing your Defence, there is more to do...
   
   
7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
8. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet - https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track , and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou"]
   
9. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
   
10. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

UKCPM_Suck

nosferatu1001 said:

I woudl a) Counterclaim for a LARGE amount. £1000 or so. THey have TWO judgements against them and Makea  formal application to the courts (£100) once the defence is submitted, to get the claim struck out. Include in your application your LARGE costs to date, at £19 per hour, as NO COSTS LIMITS apply - it is pre-allocation to any track.
File a complaint with the SRA. Gladstones have *failed* their professional duties. They have NO EXCUSE here and the SRA *must* sanction them. 

Thanks, very helpful! Is the Counterclaim part of the submission of my defence. If so, what is the basis of the counterclaim: unreasonable behaviour? How do I present this argument and how much do I have to write? What are the key arguments and what would be the basis for the large claim (i.e how is it justified and how do I break down the costs)? I don't think there's a draft defence on here is there?