VCS Claim for old parking charge (after winning in Court)

RoyalBlue82

Hello All

In Dec 2019, as a result of the guidance on this Forum, we successfully beat VCS in Court in relation to the below parking charge.

https://forums.moneysavingexpert.com/discussion/6025155/claim-form-failing-to-display-blue-badge/p5

The above charge was from September 2015.

We’ve now received a Claim Form from VCS for a parking charge which was issued months before the above in 2015.

We were aware of the charge in question, but as VCS had never followed up on it, it was never mentioned in the Court case we won in December.

I’ve have read though the FAQs and couldn’t find any guidance on whether VCS can legally do this i.e. can they take us to Court for a similar charge which pre-dates the charge we’ve just beat them on in Court?

The details are similar, same car park, although our defence points are likely to be different. 

Any advice is much appreciated. 

nosferatu1001

Of course they cannot. 
They are estopped from doing so 
I would make a formal application (cost: £100) to have it struck out PRE ALLOCATIOn. This leaves them open to your entire costs
Alternatively, you coudl file a counter clami for breach of data protection, harassment and malicious and aggressive business practices contrary to the CRA2015. 

beamerguy

Stupid VCS, desperation for money without understanding that such conduct will lose them more money than they will make .... wakey wakey SRS

Coupon-mad

Search the forum for cause of action estoppel. 

I wrote something to use last month, with case law (and not just Henderson v Henderson).

RoyalBlue82

Coupon-mad said:

Search the forum for cause of action estoppel. 

I wrote something to use last month, with case law (and not just Henderson v Henderson).

Thanks.
Just wanted to confirm I'm looking at the correct thread, is it the one below?
https://forums.moneysavingexpert.com/discussion/comment/77200964#Comment_77200964
In terms of process, should i be following the normal route of acknowledging the claim and then sending a defence?

Coupon-mad

Yes, do all of that.  How about a counter claim too?  They have no cause to be processing your data and this claim is estopped, so they are harassing you.

I also suggest (after doing the AOS!) that you email VCS this weekend and quote the stuff about cause of action estoppel, reminding them about the claim they lost already which was about the same facts.  Tell them you are about to counterclaim for £500, but will not do so if they withdraw the claim within 14 days and admit their error and you suggest to resolve the matter, they now make a £50 donation to (charity you name).

KeithP

What is the Issue Date on your County Court Claim Form?

MothballsWallet

Coupon-mad said:

Yes, do all of that.  How about a counter claim too?  They have no cause to be processing your data and this claim is estopped, so they are harassing you.

I also suggest (after doing the AOS!) that you email VCS this weekend and quote the stuff about cause of action estoppel, reminding them about the claim they lost already which was about the same facts.  Tell them you are about to counterclaim for £500, but will not do so if they withdraw the claim within 14 days and admit their error and you suggest to resolve the matter, they now make a £50 donation to (charity you name).

As long as the charity isn't SRS's pension fund

RoyalBlue82

Coupon-mad said:

Yes, do all of that.  How about a counter claim too?  They have no cause to be processing your data and this claim is estopped, so they are harassing you.

I also suggest (after doing the AOS!) that you email VCS this weekend and quote the stuff about cause of action estoppel, reminding them about the claim they lost already which was about the same facts.  Tell them you are about to counterclaim for £500, but will not do so if they withdraw the claim within 14 days and admit their error and you suggest to resolve the matter, they now make a £50 donation to (charity you name).

I will do exactly that today (threaten counter claim) and AOS.

Re: counter claim. Would I have to pay to launch one and do you know how much time is involved in doing so? E.g. is it similar to the time invested in defending my case?

RoyalBlue82

KeithP said:

What is the Issue Date on your County Court Claim Form?

It's 2nd June 2020.

nosferatu1001

You cannot threaten a counterclaim. You counter or you dont. There is a cost to file, and you can obviously find those on the government website -a short google away. 
It isnt much, you will file a counter, and your WS will give the proof of it.