County court claim defence parking

Le_Kirk

This is what @Coupon-mad wrote about combining cases some time ago: -

The Court is invited to take note that the Claimant has issued (a) further claim(s), number(s) XXXXXXXX & XXXXXXX, against the Defendant on the same date, and with substantially identical particulars, for the same cause of action. The issuing of two/three separate claims, by the same Claimant and for essentially the same cause of action, is an abuse of the civil litigation process. The long-established case law in Henderson -v- Henderson [1843] 67 ER 313, and more recent authorities, establishes the principle that when a matter becomes the subject of litigation, the parties are required to advance their whole case. The Court is invited to consolidate the two/three claims to be determined together, and to apply appropriate sanctions against the Claimant.

Redx

EdKing said:

yes we did thank you,  may I ask please:
I recieved 3 separate N180 forms I will fill out and send them back, 

should I select the option of using mediation service or no?
second question pls , I requested that the 3 claims be consolidated, I guess this didn't happen should I write to the court email and request this again?
thanks again for any comments suggestions.

At this stage there is no court , you are dealing with the CCBC office

Once you have completed your DQ you will have nominated your local court , but you ask for consolidation at every stage , even more so when your local court becomes involved

The biggest suggestion we can give you is read everything in post 2 of the newbies FAQ sticky thread near the top of the forum , especially the links , plus read other Court claim threads on here that are ahead of you

You need to be proactive and know what's coming , not reactive and panicked

EdKing

Dear all, thanks for all the advice and guidance to date.

I submitted by defence in line with the specific guidelines on the forum.  I also requested that the seperate claims were consolodated which has been done so good news there.  I now have my hearing date set, I have received the evidence pack back from the claimant which doesn't show anything new. As noted I have already submitted my defence and as one of the fundamentals surrounding my case is that the tickets were issued by ANPR, some 3 years ago on a system that you do not keep nor display nor would you keep my ticket for such a long period of time. In essence in addition to my formal defence already submitted, verbally I can only add in the hearing that there is no way for me to prove I have paid nor is there a way the claimant can prove that I have not beyond showing my car on their ANPR camera.  Any thoughts appreciated and welcome.

thank you 

Ed

Le_Kirk

Do you have a date by when you need to submit your witness statement (WS) and evidence?  You still need to write a WS even if it only states the story of the day and what you have posted about inability to display a ticket as the system does not produce one.  Read again the NEWBIE sticky and follow the link therein to read the example WS or search the forum for similar situations to yours.

nosferatu1001

Have you read the Newbies thread, which tells you to expect to file your own witness statement and exhibits?

EdKing

Hi folks a quick update
great news I won my case which was a huge relief to me and my wife so a heartfelt thank you to all those took the time to point me in the right direction and offer advice and guidance. I would not have been able to defend myself against Enterprise Parking Solutions 
 without your help, thank you !

the judge in the case hammered them on numerous failings. Is it helpful if I write up a transcript of my notes of is finding of what he said ? I’m not sure if this will help others but it could. 

Please let me know and I’ll happily do this and also where I should send it to ? I assume I am also legally allowed to do that? 

Thanks again Ed, 

Umkomaas

Is it helpful if I write up a transcript of my notes of is finding of what he said ? I’m not sure if this will help others but it could. 

Yes please. It will certainly add to our knowledge bank (reading how Judges are taking PPCs to task) and that most certainly will help others. Just post it up in the same way you add posts/comments on the thread. 

I assume I am also legally allowed to do that? 

Absolutely. Your hearing was an open one, if it was physically held in a courtroom, the public could walk in to witness it. 

Look forward to reading your report ...... and very well done on beating your persecutors, seemingly hands down. 👍

Le_Kirk

Well done - good result!

Redx

Well done , Enterprise lose , forum wins , without too much nursing 😁👍

Post your observations , notes , it's all valuable feedback for us , of us have never done it , so rely on experience and good feedback

Another one bites the dust !!

nosferatu1001

Well done! Did you get any hearing costs?