Pulse colindale victory - the saga continues..

BrownTrout

Contact the court to find out whats happening with it
And unlikely to get them heard together given the time gaps.

FUKCPM

So it turns out the courts have a backlog - I told her I am in no rush whatsoever!

Coupon-mad

Ok.

So in your new defence, use the new Template Defence this time (edited March 2022 to include the new Govt Code of Practice) and put your facts into para 3.

But also add the words you will find about cause of action estoppel Henderson

Search the forum and filter to 'newest' discussions on the parking board only.

Johnersh

This is two tickets in one claim but they issue me a new one pretty much daily.

This is in circumstances where the court has already held that Ukcpm were not authorised to ticket?

I suppose there's potential for a claim in harassment. Regular ticketing, debt chasing, abuse of the court system....

I wasn't at the first hearing nor have I seen any documents, so that'd be up to you to decide the merits of that. And the transcript of the previous hearing would no doubt assist, albeit is likely to cost. 

FUKCPM

@Coupon-mad thank you for the advice!

@Johnersh - I think a case against them would be the right course of action as they just do not know when to stop! Happy to share documents with you or for you to point me in the direction of an existing case. Would more than happily be the first to take them to the sword if no precedence as yet.

Johnersh

Ferguson v British Gas is the authority for debt collection having the capability to constitute a form of harassment.
https://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html 

Obviously you would need to argue that this is analogous. 

FUKCPM

Hi guys,

Hope you've been well, and equally as important, successful!

I have recently received both a Skeleton Argument and a Witness Statement and wondered if there were any meaningful changes to the process since I last undertook it back in 2019? If not, I will follow the same methodology I did for my WS back then. Do I need to produce a skeleton argument also or is a WS sufficient?

I plan to include unreasonable costs here as the claimant is denying that a previous case at all took place despite me providing the case number haha! Any thoughts on what I could do here as is that not blatant lying?

Cheers!

Coupon-mad

A concise Skeleton Argument would be good in your case, if you are planning on arguing points of case law such as 'what Johnersh said' plus Henderson v Henderson too, because you need a vehicle to attach those transcripts.

You could also use it to prove the previous case existed (copy of the old final Order after the hearing?)

FUKCPM

Sorry for delayed response @Coupon-mad!

I'm unsure whether it is the final Order but I do have a document showing that the previous case was dismissed and they were ordered to pay me a small fee - would that suffice?

In terms of costs this time, I am hoping to not only charge them as litigant in person, but I read somewhere on this forum that due to this duplicate case being seemingly 'unreasonable'  (I think the term was) I am now able to charge them at a junior solicitor rate. Sorry if I'm waffling but I will need to look into finding that link and perhaps my point may be a bit clearer.

Furthermore, included in the case this time is one PCN for parking in my space and another for stopping near the front door - the former I am clear on but the latter I believe is covered also. The only 2 reasons for me ever doing so would be that someone was in my space or that I was briefly loading/unloading. My lease mentions 'quiet enjoyment' of the property and it's surrounds which I understand counteracts their argument.

Coupon-mad

Basically, answering your 3 paragraphs: three yeses!