Courtesy Car Claim Form Gladstone’s Defence

Coupon-mad

No, an LBC is not yet a live claim.  But if the LBC is about the same parking firm, same defendant, same car & location of car park,  etc., they should have been able to check and amalgamate all of them when they filed your first claim, and they didn't bother.

So, don't mention the LBC in this WS as you only have one claim.

But (separately) DO use the Henderson/cause of action estoppel argument back at the solicitors who sent the LBC, telling them that the live claim xxxxxx will determine the issues and their client is too late to try for a second bite of the cherry.  They had the opportunity to present their whole claim and they didn't, which is their loss.  A second claim would be an abuse of process caused by their own negligent data handling and so they must cease and desist. 

In your search results I'm sure you will find a thread or six where people have worded this well, at LBC stage.

Suzy_1

Coupon-mad said:

No, an LBC is not yet a live claim.  But if the LBC is about the same parking firm, same defendant, same car & location of car park,  etc., they should have been able to check and amalgamate all of them when they filed your first claim, and they didn't bother.

So, don't mention the LBC in this WS as you only have one claim.

But (separately) DO use the Henderson/cause of action estoppel argument back at the solicitors who sent the LBC, telling them that the live claim xxxxxx will determine the issues and their client is too late to try for a second bite of the cherry.  They had the opportunity to present their whole claim and they didn't, which is their loss.  A second claim would be an abuse of process caused by their own negligent data handling and so they must cease and desist. 

In your search results I'm sure you will find a thread or six where people have worded this well, at LBC stage.

They’re all for the same location, car etc. Thank you so much @Coupon-mad and all others who’s helping me in this forum. I can’t thank you enough. I was getting really worried for the next claims as I’m dealing with quite a lot in my life at the moment. 

I’ve read the couple you’ve mentioned earlier, I will now read all the others and prepare a letter to send to Gladies. 

Thanks x

Suzy_1

Coupon-mad said:

….
In your search results I'm sure you will find a thread or six where people have worded this well, at LBC stage.

Hi @Coupon-mad I’ve gone through many discussions but couldn’t quite find the type of letter I need to send it to Gladies about “consolidate cause of action estoppel”

Could you kindly send me to the right discussion that has an example of such letter? 

Sorry if I’m asking for too much. Thanks 

Suzy_1

Hi all. I hope you’re well. 

Update: 

My mum has lost the case ( exactly same location and circumstances as my case) despite the letter from the business owner confirming the agreement and having a lay rep present to defend her. 

The judge didn’t even register the Henderson/cause of action estoppel argument. He’s response was “What’s that?” Completely dismissed it. 

Ordered to pay everything except the extra cost. 

So sad after months of reading learning and they still come through. Sigh* 😢

Coupon-mad

Oh bad luck. Was the lay rep a family member? Did they not explain cause of action estoppel very clearly, or was it just a bad Judge, against them and pro the parking firm from the start?

Did the Judge decide the letter from the business owner was hearsay, then?

Which court?

Suzy_1

Coupon-mad said:

Oh bad luck. Was the lay rep a family member? Did they not explain cause of action estoppel very clearly, or was it just a bad Judge, against them and pro the parking firm from the start?

Did the Judge decide the letter from the business owner was hearsay, then?

Which court?

Hi @Coupon-mad

I hope you’re well and congratulations on your achievement. 

Apparently

The Gladies didn’t turn up just sent a cover letter that they won’t be attending. 

The statement was written by a trainee solicitor. 

The judge was very dismissive about anything what the lay rep- who I wish not to disclose or my mum had to say. He just relied on the witness statement Gladies sent. He didn’t even let them discuss any points from their witness statement. 

Also it was mentioned in the witness statement that she had a video recording of the site which proves statements about the car park, gate code and the signage that could be played in court but the judge didn’t even want to see. 

He just said yeap there are signs and you have to pay. The only thing he waved was the additional charges apparently. But ended up paying the £100 x Y +£70+£70+£85 court fee which didn’t make sense. 

We’re upset as they’re now pursuing the other parking charges 😔 

We can not afford this. 

Suzy_1

Also @Coupon-mad the letter from the business owner wasn’t enough apparently. He said he needs one from the landowner which we can not seem to initiate contact as it’s been 3 years and the contract was verbal, no one wants to confirm. 😔 

Coupon-mad

You do get some bad Judges. Sounds awful.

If the amount doesn't add up then she should ask that it be put right under the 'slip rule' but you have to act quickly and she will have to pay in full within 30 days of judgment, or she'll have a CCJ.

Another claim. another Judge.  Could be different next time.

Fight each one and next time supply the video (and the business owner's witness statement).  Another Judge might put more store in it. You can't just mention a video because you can't then play it in court.  It has to be supplied in a durable format with the WS, such as on a USB stick, before the hearing.

Hope you get a better Judge next time. Do not mention this case in any submissions.

Suzy_1

Coupon-mad said:

You do get some bad Judges. Sounds awful.

If the amount doesn't add up then she should ask that it be put right under the 'slip rule' but you have to act quickly and she will have to pay in full within 30 days of judgment, or she'll have a CCJ.

Another claim. another Judge.  Could be different next time.

Fight each one and next time supply the video (and the business owner's witness statement).  Another Judge might put more store in it. You can't just mention a video because you can't then play it in court.  It has to be supplied in a durable format with the WS, such as on a USB stick, before the hearing.

Hope you get a better Judge next time. Do not mention this case in any submissions.

It’s now been paid. She was so upset didn’t want to deal with it anymore so just paid up in 14 days. 

But knowing Gladies they didn’t even acknowledge the payment until the 30 days was up and sent a letter. She then had to send a proof of payment to both and write to court to send her a certificate of cancellation of the CCJ. Still waiting for the court to send her that. 

The video was mentioned in her WS that it’s ready to be played at court but judge didn’t want to know. 

I’m now preparing my defence for the next claim for my car- previous one was for the courtesy car. 

I will post it here once it’s complete. Again thank you so much for your response and help. 

 Regards 

Coupon-mad

The video was mentioned in her WS that it’s ready to be played at court but judge didn’t want to know. 

He was right. You can't do that I'm afraid. Everything has to be supplied to the court and Gladstones in advance, so this time you'll need two USB sticks.

And re achievements: nothing has been achieved yet because the moneymen blocked the new Code and we now need a new (third) Public Consultation because the PPCs can't hack it that the public and MPs are onto their little game of greed.

They don't want their gravy train stopped.  You snd your relatives, by making separate submissions from the heart, can help us to stop that gravy train this time.

Please promise us that you and the acquaintance will add two more submissions to the public consultation and don't miss it when it opens.

Please read this and bookmark the top thread by MSE_JC and set email alerts in your profile now:
https://forums.moneysavingexpert.com/discussion/comment/79326635/#Comment_79326635

You and the friend will not want to miss out.

The race to court culture MUST end. You will want the Government to hear you, I'm sure!  Join us in this final Consultation.