Going to court for parking in my own spot

nosferatu1001

write to the judge for each subsequent claim, stating the claimant has already discontinued case with claim no... . and that as this claim has identical circ (same car, same car park, etc) that the court considers ordering ALL claims struck out.

Le_Kirk

nosferatu1001 wrote: »

write to the judge for each subsequent claim, stating the claimant has already discontinued case with claim no... . and that as this claim has identical circ (same car, same car park, etc) that the court considers ordering ALL claims struck out.

You should cite Res Judicata (ask Auntie Google)




Edited to correct spelling

DoaM

Or even Res Judicata

Le_Kirk

DoaM wrote: »

Or even Res Judicata

Doh, I passed Latin but failed spelling! Edited now, thanks DoaM

MrDramatique

Just in case anyone can help me on that - I had a hard time formulating my aguement regarding Res Judicata. As far as I can tell Res Judicata roughly translates into 'decision made'. I don't want to avoid/attain Res Judicata so... reference it in terms of consideration of already solved matters? Basically I wasnt sure how to reference the concept, if that makes sense and I didnt find any reference material that would be useful.

Le_Kirk

The doctrine of res judicata is a method of preventing injustice to the parties of a case supposedly finished but perhaps also or mostly a way of avoiding unnecessary waste of resources in the court system.

Just cite the doctrine of res judicata, the judge will know what it means, effectively the claimant cannot come after you for each and every issue that relies on the same or very similar circumstances where they have already lost!

MrDramatique

Had an interesting update. Gladstone's have been in contact a few times.

As mentioned they offered a settlement on the one PCN out of court and I declined via email and explained how that all of my PCNs should be considered in settlement.

Today they came back and quoted £600.00 to bring everything to a close and after much snorting / laughing I declined again. This particular Gladstone's rep was quite interested as to why I was so confident so I explained in the most short hand terms possible and she understood and left it at that.

Maybe a few hours later I received another call from someone else, much better spoken and given her used terminology, I'm assuming legally trained to at least some degree.

This person actually stated there has "been a misunderstanding on her colleagues part". Specifically the five other PCNs have actually been cancelled. The lady confirmed this via email too.

They remain persistent on their £100 settlement on the now, only PCN.

It seems to me, and I admit this is just conjecture, that they've seen the WS / Evidence and given up; cancelling all the other tickets (as they're all identical in circumstance)

I perhaps shouldn't speak to soon but this evidently a large victory even though I've still got a court date in a few months.

£100 not to go to court for me, considering I've a business to run isn't a bad deal, but you know what? I think I'd rather have my day in court so I can officially become part of the list of people that took them on, and won.

Umkomaas

£100 not to go to court for me, considering I've a business to run isn't a bad deal, but you know what? I think I'd rather have my day in court so I can officially become part of the list of people that took them on, and won.

Cracking attitude. But I'd guess they will discontinue at some stage, I think they're just having a final punt at squeezing you for a few quid. Stay strong, stay belligerent!

Coupon-mad

So...if you'd caved and paid them £600, I wonder if they would have refunded you later and admitted that all except one had in fact been cancelled all along?!

They sound ready to discontinue and have sussed you are not folding.

:T

MrDramatique

They've just fully discontinued. Thank you guys, very, very appreciative of all the help.

My case is already being put to good use as they filed proceedings against a visitor that correctly parked in a visitor bay, so looks as though it'll go the same way.