Claim Form received - VCS - WON - For the second time!

lyndonp59

I have drafted this response in reply to their "offer". I have copied in the full order of Judgement from the Caernarfon 6th April 2020 case.

Is this OK to send?

===============

Dear Sirs,

Re your letter dated ?? received  ??, I note your reduced settlement is for the original amount of £100 on the PCN and does not include the additional amount of £60 as per your claim. As you are aware this alleged claim is disputed and will be fully defenced in court.

Regarding the additional amount of £60, I wrote to you on XXX asking on what legal authority you had to add an amount of £60 to your claim as it was abuse of process. You did not have the courtesy to reply.

At the time you submitted the claim you were fully aware such a claim was abuse of process having similar claims by your company struck out and costs awarded, for example, 4th September 2019 and 6th April 2020 at Caernarfon County Court, both before District Judge Jones-Evans. The General Form of Order or Judgement stated:-

"Before District Judge Jones-Evans sitting at the County Court at Caernarfon, Caernarfon Justice Centre, Llanberis Road. Caernarfon, Gwynedd LL55 2DF.

Upon it being recorded that District Judge Jones-Evans has over a very significant period of time warned advocates appearing on behalf of the Claimants in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court in Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre estimate of loss and therefore unenforceable in law and if the practice continued he would treat all cases as claim for £160 and therefore a penalty and unenforceable in law and upon it being further recorded that this claim was issued on the 30th September 2019 and well after the 4th September 2019 when District Judge Jones-Evans struck out case number F2QZ4W28 and the Claimants knew or ought to have known at that stage that continuing to claim the sum of £160 was to be treated as an abuse of process by the court it is hereby ordered and declared:

1 This is a claim for the global sum of £160.

2 It is a penalty and unenforceable in law.

3 It is nothing more than a poor attempt to go behind the decision of the Supreme Court in Beavis.

4 This standard order was issued by this court firstly in September 2019.

5 This claim was issued by the Claimant on the 30th October 2019 when the Claimant knew that this was an issue before this court and they continued to pursue the additional £60.

6 The claim is struck out and declared to be wholly without merit and an abuse of process.

7 This order having been made by the court of its own initiative a party affected by it may apply to have it set aside varied or stayed pursuant to CPR rule 3.3(5) and (6) such application to be issued by 4.00 pm on 14 April 2020."

 

To therefore knowingly continue to issue such claims it is not only abuse of process but unreasonable behaviour. Should you continue with the claim this letter will be brought to the court’s attention and request the claim to be struck out with costs awarded.

Le_Kirk

As you are aware this alleged claim is disputed and will be fully defenced defended in court.

Maybe change as above

lyndonp59

We have received this letter (attached) from Sheffield courts today asking to do an N180 form and sent to the Sheffield court.

I am a bit confused as that was already done i.e.  named Sheffield court on it, added holidays etc. sent via email to the Northampton court office with the Southampton judgement attached and also sent a copy of  the N180 only  to VCS.

Is this normal to have to do another one for the actual local court and send it again to VCS? Just seems odd.

KeithP

Not too onerous a task is it?

Get the named Defendant to send a DQ to the Sheffield court, as instructed.

Copy to the Claimant of course.

lyndonp59

No it's not too onerous, just there was no mention of this in the newbies post of what to do and when so I was wondering if it was normal.

Do you know if it can be emailed? The only email address I can find is enquiries.sheffield.countycourt@Justice.gov.uk

Or should it be posted? Thanks.

KeithP

It is not usual, but you have been instructed to do so - for whatever reason.

Include all the non-availability dates again, as maybe the court has lost that info.

Email it as a signed pdf attachment to that enquiries address.

nosferatu1001

We're not the courts
if they tell you to do something, do it. Could be they lost the original. Or want to double check availability again. Many possible reasons. 

Coupon-mad

It's a standard letter from the CCBC.  Just re-forward your email and check they've lodged it.

KeithP

Coupon-mad said:

It's a standard letter from the CCBC.

No it isn't. It's from Sheffield County Court.

Coupon-mad

Hmmm... so the DQ needs to go to Sheffield.

I haven't looked back but is there a counterclaim then?   DQs only go to local courts where there's a counterclaim.