Pulse colindale victory - the saga continues..

FUKCPM

Ladies & Gents,

It seems that time has come again for another potential court case!

Despite winning my previous and only case with them it seems they have not yet had enough of me.

Unfortunately, I have not taken any of the recommended action from my previous thread in terms of precluding this from occurring, but am still hoping to get more out of this then the last one.

Correct me if I am wrong, though presumably the process remains the same:

1. AoS - 14 days
2. Defence - 28 days

This time however I was hoping to make a counterclaim - perhaps for unreasonable costs, given they should not be making another claim for the same issue (res judicata).

Do let me know your thoughts or if there is a forum you suggest I read up on instead.

Many thanks in advance!

FUKCPM

For your reference the previous thread is as below:

https://forums.moneysavingexpert.com/discussion/5969707/pulse-colindale-victory

Redx

AOS is 5 to 19 days after the issue date , so post the issue date

I think Henderson Vs Henderson may assist , the claimant should issue one claim covering all outstanding invoices , not multiple serial claims , see the recent post by Bargepole where he assisted on a multiple claim case last month , plus this thread too

https://forums.moneysavingexpert.com/discussion/6295486/two-court-case-this-month-countrywide-parking-bw-legal#latest

bargepole

Costs should not be the subject of a counterclaim, only damages.

If you win the case at the final hearing, and you manage to persuade the Judge that the Claimant has behaved unreasonably, he/she may award further costs based on CPR 27.14(2)(g),

Coupon-mad

Cause of action estoppel is what you want to mention near the start of your defence and refer to the claim already filed and beaten, and ask the Court to strike this duplicate facts claim out.  Search the forum for Henderson estoppel to find the wording.

D_P_Dance

This time however I was hoping to make a counterclaim

You might like o considera claim for misuse of your data.

FUKCPM

Thank you all!

@Redx This is two tickets in one claim but they issue me a new one pretty much daily. The date on the court letter is the 8th. I shall have a read through of your suggestions post AoS nonetheless.

@bargepole Noted - how much do I put down as a claim for damages or is that determined by the judge?

@Coupon-mad Now we're talking - will most definitely be looking that up and adding it.

@D_P_Dance Is there someone who has successfully done this previously as would love if you could share a forum so I can ensure it is fine correctly?

KeithP

FUKCPM said:

The date on the court letter is the 8th. 

With a Claim Issue Date of 8th September, you have until Monday 27th September 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 in a timely manner, you have until 4pm on Monday 11th October 2021 to file your Defence.

That's nearly three 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.

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'.

FUKCPM

Thanks so much for the rather I formative post @KeithP!

I have now submitted the AoS and will largely use the same defence as I did last time. Additionally, I intend to include the judgement, damages and estoppel.

Coupon-mad

Specifically 'cause of action estoppel' because there is more than one type.

FUKCPM

Hello everyone,

Hope you are well!

Since my last posting, I have submitted the defence in October followed by the DQ in November, yet no further correspondence - is this not odd?

Furthermore, I have received a new claim for further tickets (defence due back in a few days) and wondered how I can ensure both cases are judged together?

Do let me know if above is at all unclear!

Cheers!