Being sued again for a previous ticket

Coupon-mad

You do not apply for the other claim to be struck out because that would cost you £100 and a formal N244 application.

You just keep repeating the wording you find used umpteen dozen times, in results when you search this forum for 'Henderson cause of action estoppel' and you keep asking the court to use their case management powers to dismiss the second/duplicate claim (or consolidate them into one hearing if both are live claims).

Peeves

Coupon-mad said:

You do not apply for the other claim to be struck out because that would cost you £100 and a formal N244 application.

You just keep repeating the wording you find used umpteen dozen times, in results when you search this forum for 'Henderson cause of action estoppel' and you keep asking the court to use their case management powers to dismiss the second/duplicate claim (or consolidate them into one hearing if both are live claims).

Thanks, I'll have a look. The first claim was dismissed last year so I just have this one to contend with.

Peeves

Quick update. I got my defence in on time and I've filed my DQ. VCS wrote to me with a reduced offer. They noted that we are required to attempt to resolve our disagreement out of court. I responded pointing out they have ignored every single point I've raised and a reduced offer makes no steps towards resolving any differences, especially since their previous claim on identical grounds was dismissed.

Is it common for VCS to offer a reduced settlement like this? I don't recall them making the offer last time. Makes them look desperate imho.

KeithP

Peeves said:

Is it common for VCS to offer a reduced settlement like this?

Yes. Most parking companies try it at this stage.

MalMonroe

I think it's a good sign. They obviously don't want to go to court because that's going to cost them. Good luck with this! I've fought three such parking notices in the past and although it was anxiety-provoking each time, I have never had to pay a parking company. Mainly because I took heed of some good advice on this site!  

Peeves

I was really hoping this would be thrown out but I've received a letter from the court informing me a hearing will take place towards the end of June.

blackdog2220

tyhere is still time for them to back down , closer to the day they will look at your case again and realise it is far from awalk in the park and they have a good chance of loosing and actually loosing money , in recent times VCS coffers are running down the last thing they want is to loose more money 

Ralph-y

these threads are the one to help if you have not all ready seen them ....

direct link to court section in newbies thread
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

and  

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph

Peeves

I'm a bit confused about how witness statements and evidence must be submitted.

6. The parties must send copies of their witness statements and documents to the court and each other no later than 4pm on 26 May 2021. This includes the witness statements of three parties themselves as well as any other witnesses. Warning: If you do not comply with this order then the judge may refuse to allow you or your witnesses to give evidence and may refuse to consider your documents.

7. The Claimant must prepare a digital bundle in .pdf format containing all relevant documents. No later than 3 working days before the hearing the Claimant must send a copy of the bundle to the other/parties and file it at Court by email to: enquiries.nottingham.countycourt@justice.gov.uk.

I'm assuming that 7 is in addition to 6? I.e. the parking company must still mail me the witness statement and evidence. They can't just email it to me 3 days before?

There is no mention of me emailing anyone. It would probably be tricky too with attachment limits. I'm guessing it only applies to the parking company?

Edit: I've emailed the court too asking how to submit video evidence. One of my arguments is that the signs aren't placed sufficiently for a driver to see them when parking in the space it was in. I'd like to submit dash cam footage evidencing this.

nosferatu1001

Yes, obviously 7 is in addition to 6. You have an ordered list. Comply with 6, then comply with 7. That applies to BOTH of you! You just serve the c and file with the court YOUR WS and bundle. 

Email the court 
email the claimant. 

Easy - provide a wettansfer or similar link where the video can be downloaded by both  this is a durable medium as each party has their own copy of the video and you cannot alter it without it being obvious