PPS ticket - Claim Stage

SOS1963

Hello!
I just want to check my timeline for the 2nd case against me.
Claim form issue date is 19 Nov
AoS received by them on 30 Nov - shown on MCOL
Logged my defence on MCOL as received on 15th Dec even though I originally sent on 9th Dec.
Assume this is still ok as is within 28 days of the claim issue date? Even though more than 14 days after the AoS logged...

Thanks as always.

KeithP

SOS1963 said:

Hello!
I just want to check my timeline for the 2nd case against me.
Claim form issue date is 19 Nov
AoS received by them on 30 Nov - shown on MCOL
Logged my defence on MCOL as received on 15th Dec even though I originally sent on 9th Dec.
Assume this is still ok as is within 28 days of the claim issue date? Even though more than 14 days after the AoS logged...

Thanks as always.

With a Claim Issue Date of 19th November, and having filed an Acknowledgment of Service on 30th November, you had until 4pm on Wednesday 22nd December 2021 to file your Defence.

Coupon-mad

If they are about the same facts (car, car park, just different dated PCNs) make sure you reference the first claim already filed and invite the court to strike the second claim out due to cause of action estoppel, supported by the authority in Henderson v Henderson.  The claims should have been filed as one and the Claimant can't inflict a form of 'drip, drip' torture on consumers by splitting up exact fact match PCNs across more than one claim.  It causes higher exposure to costs, wastes the court's time and if the two claims proceed to two hearings, this runs the risk of two different judgments.  This cannot pass the CPR1 Overriding Objective test and is an abuse of process. 

SOS1963

Hey there team. I just wanted to say a big thank you for your support here.
I received a letter on Thursday stating that they are discontinuing their claim against me - so I no longer have to go to court in February. That is the first one cancelled anyway - 2.5 years of harassment and countless letters, calls, emails. Finally over!
One down, one to go.
Thanks very much all 

Coupon-mad

Yay!  ANOTHER ONE BITES THE DUST!

D_P_Dance

They have wasted your time, now consider wasting theirs, read this,

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/ 

SOS1963

Hey folks, I'm back again.
PPS/BW Legal are coming for me on the second - older charge from them. I have received their witness statement, skeleton argument etc in advance of the court date. I am now preparing my documents. I am following your guidance on the witness statement etc but had a couple of questions.
- Do I need to include the original defence as part of the document bundle? Can I change/add more any of this now?!
- Should I refer to the other case against me that they dropped and question why they are pursuing this one, using similar language to that advised previously? Coupon-mad said:

If they are about the same facts (car, car park, just different dated PCNs) make sure you reference the first claim already filed and invite the court to strike the second claim out due to cause of action estoppel, supported by the authority in Henderson v Henderson.  The claims should have been filed as one and the Claimant can't inflict a form of 'drip, drip' torture on consumers by splitting up exact fact match PCNs across more than one claim.  It causes higher exposure to costs, wastes the court's time and if the two claims proceed to two hearings, this runs the risk of two different judgments.  This cannot pass the CPR1 Overriding Objective test and is an abuse of process. 

Think that is it for now.
Thanks as always.

Le_Kirk

Both the court and claimant should have a copy of your defence, you sent it to CCBC and they should have sent it to claimant and the local court.  You cannot change your defence now; well you can but it costs £loads.  You should question why they are pursuing what is essentially the same case and you quote cause of action estoppel and look up Henderson v Henderson.

Coupon-mad

Definitely start your WS with Henderson v Henderson wording re cause of action estoppel.  The facts of this case have already led to one discontinuance so where is their cause of action for this older PCN?

The best recent WS example right now is by @wobs2k

SOS1963

I am just getting everything ready to send.
As I have already received their bundle, I can see they have provided print outs from the ticket machine as evidence. I would like to refer to these in my case too, as they prove my payment. I see in the Notice of Allocation, it states 'if witness statements have been directed, you may not be able to rely on any evidence from a witness unless you have served a statement of their evidence'. What does this mean? Can I use any of the documents they are relying on in my case? I also wanted to use some of their photos of the signage as I will not be able to get to the car park in question before the deadline.
Thanks.