Bw Legal case dismissed by County Jugde, 15months latter received another county claim!!

Johnersh

OK. So what we have there is the case being thrown out for failure to present evidence. The sign is the contract, yet at this hearing, the photos of the sign were unreadable. No discernable evidence to support Cs claim, so it is dismissed. 

So far, so good.... But the court has never adjudicated on the actual issue - what the sign said in relation to parking and whether there was a breach of contract.

Bottom line? The new claim is fair game and now needs to be defended - assuming, of course, that it relates to different parking event(s) not the ones already dismissed. The old case is evidence of nothing - unless, of course, they try to rely on the same rubbish photos. 

Gacho35

Finish work tonight will go to moneyclaim.gov. and respond to new claim. Gain 13 more days try to stick the defence letter together once again. 

KeithP

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

Gacho35

30 March, Keith. 

KeithP

Gacho35 said:

30 March, Keith. 

With a Claim Issue Date of 30th March, you have until Monday 19th April to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Tuesday 4th May 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Gacho35

Just starting research what would be a valid points to put in my defence. Should I mention that my previous claim was dismissed and what was the reason from claimant not to claim all 5PCN at once if all 5of them were from 2018(claimant claimed 4 out 5PCN) Court date was 2020. all 5Pcns copy paste for overstayed 2 hours just different dates.what is cause of estoppel? 

KeithP

Gacho35 said:

what is cause of estoppel? 

 @Le_Kirk suggested earlier...

Le_Kirk said:

You need to look up cause of action estoppel which prevents a party pursuing a claim which has already been determined by a court 

By 'look up' I suspect he was suggesting that you perhaps ask Google, or your favourite search engine, but he has already given you a clue. 

Gacho35

I'm struggling to find similar case to my. when claimants been dismissed  but after court decision out ov somewhere find another PCN from year 2018 and claim again! 

Coupon-mad

There are no similar cases that are easy to find and who cares?  Why on earth do you want a similar case, how would that assist?   There are, however, umpteen dozen defence with the words cause of action estoppel.

You only had to search the forum for estoppel defence, surely?