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UKCPM County Court Claim HELP

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Comments

  • Coupon-mad
    Coupon-mad Posts: 155,460 Forumite
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    edited 25 September 2021 at 11:32PM
    No one uses fax these days and DX Is for solicitors.  You leave them blank.

    You could email a pic of the signed AOS as well as post it.

    And re the new claims, if they are about the same car, location and essentially the same matters of fact, just different dates of PCNs, add to the defence the wording about Arnold v Westminster and Henderson v Henderson as seen in other threads.  Your position should be that any new claim is estopped under cause of action estoppel, because a previous claim number xxxxxx was already filed and defended about matters of the same facts and alleged contractual parking breaches.   The CPRs and courts expect a Claimant to advance their entire case as one claim, not split across several. This is not a new cause of action and filing several claims, causing wasted time and costs for the court and Defendant is an abuse of process.  At allocation or directions stage, the Judge is invited to strike the new claim out.
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  • Thanks for the help guys.

    Thankfully, the service are now back and running. I have submitted two of the claims with AOS.

    I have got 2 weeks left to go to file a defence.
  • @KeithP Do I have until 15th October to file a defence for both claims?
  • KeithP
    KeithP Posts: 41,296 Forumite
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    edited 1 October 2021 at 12:13AM
    chris0147 said:
    @KeithP Do I have until 15th October to file a defence for both claims?

    On the first page of this thread I wrote...
    ...you have until 4pm on Tuesday 14th September 2021 to file your Defence.

    On 10th September you told us...
    chris0147 said:
    Today I have received 2 more NEW claims from the same parking company.
    You have told us nothing more about these two new Claims so it is impossible to answer your latest question.

    Can I suggest that you start a new thread to discuss these newer claims as once you need to progress the original claim again it is going to become quite confusing for both you and those trying to help you?
  • chris0147
    chris0147 Posts: 357 Forumite
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    KeithP said:
    chris0147 said:
    @KeithP Do I have until 15th October to file a defence for both claims?

    On the first page of this thread I wrote...
    ...you have until 4pm on Tuesday 14th September 2021 to file your Defence.

    On 10th September you told us...
    chris0147 said:
    Today I have received 2 more NEW claims from the same parking company.
    You have told us nothing more about these two new Claims so it is impossible to answer your latest question.

    Can I suggest that you start a new thread to discuss these newer claims as once you need to progress the original claim again it is going to become quite confusing for both you and those trying to help you?

    I have filed a defence before 14th September.

    Then I received 2 new claims from the SAME company.

    They issued the 2 new claims on 8th September. I have AOS of both claims on 26th September.

    Now I want to know when do I have to file a defence for both new claims?

    I guess it should be before 15th October?

    You might know the correct date better than I do...
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 1 October 2021 at 9:17AM
    chris0147 said:
    KeithP said:
    chris0147 said:
    @KeithP Do I have until 15th October to file a defence for both claims?

    On the first page of this thread I wrote...
    ...you have until 4pm on Tuesday 14th September 2021 to file your Defence.

    On 10th September you told us...
    chris0147 said:
    Today I have received 2 more NEW claims from the same parking company.
    You have told us nothing more about these two new Claims so it is impossible to answer your latest question.

    Can I suggest that you start a new thread to discuss these newer claims as once you need to progress the original claim again it is going to become quite confusing for both you and those trying to help you?

    I have filed a defence before 14th September.

    Then I received 2 new claims from the SAME company.

    They issued the 2 new claims on 8th September.

    I have AOS of both claims on 26th September.

    Now I want to know when do I have to file a defence for both new claims?

    I guess it should be before 15th October?

    You might know the correct date better than I do...
    11th October according to his reply in this thread
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Are these two new claims about parking at the same car park as the first claim?
  • chris0147
    chris0147 Posts: 357 Forumite
    Part of the Furniture 100 Posts Name Dropper
    KeithP said:
    Are these two new claims about parking at the same car park as the first claim?
    Yes, these two new claims are from the same company at the same car park as the first claim.
  • chris0147
    chris0147 Posts: 357 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Redx said:

    Thank you, I am going to start to use the same defence and I will add the paragraphs which include Henderson v Henderson and abuse to process.
  • chris0147
    chris0147 Posts: 357 Forumite
    Part of the Furniture 100 Posts Name Dropper
    edited 1 October 2021 at 10:19PM
    Redx said:
    Agreed , here is the Bargepole thread , about Henderson and cause of action estoppel , ( case and legal blurb )

    https://forums.moneysavingexpert.com/discussion/6294238/court-report-central-london-teams-pcm-uk-lose-for-the-third-time-to-the-same-defendant#latest

    Do I need to add these paragraphs in my defence from the first post?

    Sorry to ask you this but I need to know so I will do it right away.
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