County Court Claim-QDR solicitors/Met Parking

Coupon-mad

Remove 'very recently'.

How many PCNs is this for, and how many can you be sure are PCNs that were paid?

berseker

@Coupon-mad

Removed, thanks.

13 in total dating from 2019 to 2020. 2 of the 13 have been paid. I was previously taken to court for 3 pcns, 2 of them are included in this claim.

Coupon-mad

The same two?  I mean 'paid' and 'already litigated' - same 2 PCNs you are talking about?

berseker

@Coupon-mad The dates of the 3 pcns that I was taken to court for already (earlier in the year) are 02/10/2020, 04/10/2020 and 08/10/2020, this claim has been closed and paid for. In this new claim that is open/ongoing, there are 13 pcns. On the claim form, there are 13 pcn issue dates. 2 of those dates are 04/10/2020 and 08/10/2020. I have already been to court for those 2 dates.

Coupon-mad

I seem to recall we talked about that and we don't want to make it easy for them by telling them which ones were already litigated?

So you could say:

- This is the second time that this Claimant has issued a claim against this Defendant for alleged parking charges from 2020.  From the dates in the POC, the Defendant believes that some of these charges were already litigated/paid. The doctrine of res judicata prevents a party from bringing a claim where the matter has already been litigated. Further, the doctrine of cause of action estoppel applies and the Defendant relies upon Henderson -v- Henderson [1843] 67 ER 313, and more recent authorities, which establish the principle that when a matter becomes the subject of litigation, the parties are required to advance their whole case. The Claimant had their chance last time to advance all the charges as part of the first claim, and they failed to do so.  The Claimant cannot come back at the Defendant again.

- By sending threatening letters during 2023 and seeking to sue over some of the same charges again, this Claimant has crossed the high bar in Dammerman for wholly unreasonable conduct and has breached the Data Protection Act and UKGDPR 2018 by retaining, processing and sharing data that they should long since have erased.

- This grave course of conduct has caused immense distress since 2020 and the more recent hounding of the Defendant for charges already litigated/paid, then filing a partially duplicated claim, appears to be in clear breach of the Protection from Harassment Act 1997.  The Defendant relies on the well-known authority of Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 where Lord Justice Jacob said in the Court of Appeal: "It is one of the glories of this country that every now and then one of its citizens is prepared to take a stand against the big battalions of government or industry,"  Although Ferguson had changed from British Gas to another supplier in May 2006, she received bill after bill, threatening letter after threatening letter, over the following eight months.  The judge also rejected the QC's claim that consumers should take computer-generated letters less seriously than those written individually.

Coupon-mad

You could add a counterclaim for that. Force it to a hearing. Watch them squirm. Try to get your money back for the charges that were sued over last time.  Only costs £35 fee which you add to your counterclaim.

I think they might offer settlement to brush this one under the carpet.

Had you thought of asking @bargepole to write you a defence and counterclaim?  The size of this multi-PCN claim is high enough to make it worth his comparatively low fee:

https://smallclaimsadvisor.co.uk/

The counterclaim could be 4 figures and he'll plead it properly.  You lost last time. Why not try bringing in the big guns and getting your money back?

berseker

Coupon-mad said:

I seem to recall we talked about that and we don't want to make it easy for them by telling them which ones were already litigated?

I didn't write the dates or how many pcns, I just stated 'Some of the ‘PCNs’ that are included in this claim form have already been paid for.' But i will remove that section and add the above that you have written. I really appreciate your time and help.

In terms of a counterclaim, how do I go about doing that? Do I just open a new claim myself against them?

Thank you 

 

berseker

Had you thought of asking @bargepole to write you a defence and counterclaim?  The size of this multi-PCN claim is high enough to make it worth his comparatively low fee:

https://smallclaimsadvisor.co.uk/

The counterclaim could be 4 figures and he'll plead it properly.  You lost last time. Why not try bringing in the big guns and getting your money back?

I will contact him, thank you. The issue date on the claim form is 24 Nov. I have 30 days from this date to send the defence, correct?

KeithP

berseker said:
The issue date on the claim form is 24 Nov. I have 30 days from this date to send the defence, correct?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.

For the moment I'll assume you filed an Acknowledgment of Service sometime after 28th November and before 14th December. Please confirm.

With a Claim Issue Date of 24th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Thursday 28th December 2023 to file your Defence.

That's less than two weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the very last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

See if bargepole is working this week and wants to take it on.

If not, search the forum for

counterclaim DPA 2018 defence parking