Court papers

KeithP

Blonde64 said:

I write with regard to the above claim numbers and submitted AOC.

Since submitting AOC...

What's an AOC?

If you mean an Acknowledgment of Service then best to spell it out in full at least once (and use the correct initialisation thereafter).

Blonde64

Hi yes  same company 2pcns 2nd one permit had slipped down. Ok thank you will check it out. 

Blonde64

Thanks will sort 

Johnersh

What exactly was said in the acknowledgement?

I think C has to agree to a time extension because (a) it's not long; (b) technically they have not served on the defendant at all; (c) the o/p self evidently cannot file a defence for D or conduct his litigation.

That applies if D is ostensibly incommunicado. However, if D can email the court, then D can presumably prepare a defence or the o/p can email him one to authorise. That's why an email from him D to the court is probably counter-productive, no? 

A listing for a hearing is unlikely for +/- 3 months after a defence is filed. 

Blonde64

Morning Johnersh, all that was in the acknowledgement was that D wanted to defend the claim.  I guess the best course of action if that's the case regarding the hearing length is to e mail the defence to be signed by the D and upload. Presumably advising that he is out of the country and hopefully by the time the hearing is due he will be home and it can be dealt with by D. We will have to cross that bridge when we come to it. Its all a ruddy pickle and a learning curve, (kids who'd have em ).  I will look at the henderson v henderson as previously advised thanks for all your help everyone

Redx

I am of the same opinion , if you can draft his defence and get him to append a photograph of his signature and email it to the ccbcaq email address as a pdf attachment , then for now it's all that is necessary , nothing else to be done for a few weeks

You can also download the N180 pdf and email him that , to fill in his unavailability until October or later , append his digital signature to it and send back , you can use his email account to send it to the CCBCAQ email address and also to the claimant , probably in August for that one to be done , so not straightaway , but after the postal version arrives after 4 to 6 weeks

He can then deal with the rest on his return

Blonde64

Morning can someone please cast their eye over the final defence please to see if its ok, it will be the same for the other claim except am going add that there was a permit in the vehicle and D believed it to be visible.  Many thanks

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question and the tenant of the property, and the vehicle was parked at the premises in question on 02 July 2017, but liability is denied. 

3. The Defendant, entered into a contract with the letting agents, after being advised that free  onsite residential parking was available as part of the tenancy.

4. There was no mention of a permit being required at the time of signing of the lease. Ticket was received the morning after moving into the property late in the afternoon due to waiting for keys from letting agents sorting hundreds of student keys. The Defendant contacted letting agency after receiving ticket and was informed ticket would be cancelled.  Was advised by them that they had omitted to advise permit was required and issue at time of collecting keys, Permit was then issued next morning. Ticket was failed to be cancelled and subsequent phone calls to the letting agency reported in all deniability and responsibility being claimed from them for the charge.

5. The Defendant, at all material times, parked in accordance with the terms granted by the lease. The Claimant's signage, and the purported contractual terms conveyed therein, are incapable of binding the Defendant in any way, and their existence does not constitute a legally valid variation of the terms of the lease to quiet enjoyment the property during the tenancy.  Accordingly, the Defendant denies having breached any contractual terms whether express, implied, or by conduct. The amount charged is a penalty and an unfair consumer charge, there is no direct loss of income to the landowner or the parking company.

6.There are no terms within the lease requiring tenants to display parking permits, or to pay penalties to third parties, such as the Claimant, for non-display of same or commencing court proceedings.

 7. The issuing of two 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 claims to be determined together, and to apply appropriate sanctions against the Claimant.

7.2          In Arnold v National Westminster Bank plc [1991] 3 All ER 41 the court noted that cause of action estoppel “…applies where a cause of action in a second action is identical to a cause of action in the first, the latter having been between the same parties or their privies and having involved the same subject matter.”

7.3          In Henderson -v- Henderson [1843] 67 ER 313 the court noted the following:
(i) when a matter becomes subject to litigation, the parties are required to advance their whole case;
(ii) the Court will not permit the same parties to re-open the same subject of litigation regarding matters which should have been advanced in the earlier litigation, but were not owing to negligence, inadvertence, or error;
(iii) this bar applies to all matters, both those on which the Court determined in the original litigation and those which would have been advanced if the party in question had exercised ''reasonable diligence''.

7.4         By the Claimant's negligence or by intent, filing two claims, allowing them to continue to three separate hearings and choosing not to pay the appropriate court fee to apply for leave to consolidate them and amend the particulars into one claim, permits of no reasonable explanation.  The Court and myself have had to make preparations for two separate court hearings, causing unnecessary cost in time and money, and specifically in terms of duplicating the paperwork, intimidation and distress for me as a Litigant in Person.

7.5          By filing the first claim and failing to advance their whole case, any cause of action was immediately extinguished for any other similar fact parking charges against myself as Defendant.   The courts may estop a second/third claim where the cause of action is substantially the same.  I invite the court to vacate the second and third hearings and summarily dismiss those claims under the grounds of cause of action estoppel.  In the alternative, the Court is invited to consolidate the claims to be determined together, and to apply appropriate sanctions against the Claimant.

Etc ........

Thanks in advance

Johnersh

So son takes a photo of signature on a plain white bit of paper on his mobile that is then emailed from the first WiFi location he can find. Or the o/p takes a photo of a document that she has with his signature on it. 

The o/p saves the image in her pictures folder.

In MS Word simply insert picture. Some cropping or adjustment to contrast is usually needed. .

All totally above board, **provided you have permission from him to append that signature and he's checked the defence** it would be seriously ill- advised to stick this in without his express authority. 

Redx

Or use pdf24 creator or libre office , or word , whichever you find easiest to do , to get the digital signature into it and saving as a pdf

Then it is emailed as a pdf attachment to the ccbcaq justice email address as detailed in the defence template thread and newbies FAQ sticky thread

Ps , I see no issues with the draft above 👍👍

Blonde64

Morning ,

thank you everyone for your help,  the above has been approved by D and signature obtained and permission given. Have inserted onto word document will send to the e mail address. 
Many thanks again