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Email address and copy to claimant?

123468

Comments

  • smp67
    smp67 Posts: 42 Forumite
    Second Anniversary 10 Posts Name Dropper
    Fabulous.  Which court?  Good on them!

    Chances are you will get a new POC and it will proceed, but you clearly live in a court area where the Judges are fed up with parking claims.
    Its County Court at Manchester. 

    Thanks for the reply.
  • Coupon-mad
    Coupon-mad Posts: 150,673 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 July 2022 at 1:29PM
    That second page is for the first claim again, same page you showed us before.

    Are you aware of Henderson v Henderson (cause of action estoppel) assuming the 2 claims are about PCNs that turn on duplicate facts and should have been one claim, to save duplicated costs and time? 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • smp67
    smp67 Posts: 42 Forumite
    Second Anniversary 10 Posts Name Dropper
    That second page is for the first claim again, same page you showed us before.

    Are you aware of Henderson v Henderson (cause of action estoppel) assuming the 2 claims are about PCNs that turn on duplicate facts and should have been one claim, to save duplicated costs and time? 
    Sorry, should have been this one 


    I'm not aware of the Henderson v Henderson case.

     One of these is to do with parking in the wrong coloured space (each space has a coloured dot within it and each colour is allocated to individual companies that work from the office block) the other is that I hadn't displayed a valid pass - just had a new windscreen fitted and they didn't take my badge out. I suppose they are both claiming that I didn't have a valid pass?
  • Coupon-mad
    Coupon-mad Posts: 150,673 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 July 2022 at 2:36PM
    Ok search the forum for Henderson and filter to 'newest'.  You could include a paragraph about that in the NEXT case WS but maybe leave it out of this first one.  It will (should) help kill off the second case.

    You have a few weeks to work on your WS so read the recent ones posted by:

    @aphex007
    @Daiapolon2021
    @wobs2k
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 43,181 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    smp67 said:
    Fabulous.  Which court?  Good on them!

    Chances are you will get a new POC and it will proceed, but you clearly live in a court area where the Judges are fed up with parking claims.
    Its County Court at Manchester. 
    Has been a PPC graveyard in many previous cases. I am optimistic.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • smp67
    smp67 Posts: 42 Forumite
    Second Anniversary 10 Posts Name Dropper
    I have had an email relating to the case that was allocated to the Small Claims Court - states that "the client has instructed DCB Legal LTD to discontinue Court proceedings and close our file."

    They were asked to file and serve Particulars of Claim supported by a statement of truth for the other case - which they did.

    So according to the letter I received, I now have to submit a defence by the 5th September. Unfortunately I don't really have much to offer in the way of a photographic defence as I no longer have the picture of the car with the temporary pass on the dashboard. However the way the photos were taken by the attendant, it doesn't show that there wasn't one on the top of the dash. Hopefully the judge will see that as a positive in my favour. I'll have look at the forum for help with the defence - although there's so much to try and get through using the search facility, I may well be back for some tips and advice soon ;-)

    Thanks to everyone who's helped me so far.
  • Umkomaas
    Umkomaas Posts: 43,181 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    So according to the letter I received, I now have to submit a defence by the 5th September.
    Sorry, I haven't read back through the thread, but is this in respect of the case just discontinued by DCB Legal, or a different case?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • smp67
    smp67 Posts: 42 Forumite
    Second Anniversary 10 Posts Name Dropper
    Umkomaas said:
    So according to the letter I received, I now have to submit a defence by the 5th September.
    Sorry, I haven't read back through the thread, but is this in respect of the case just discontinued by DCB Legal, or a different case?
    Hi - I had two cases on the go - one has been discontinued and the other one I am in the process of submitting my defence.

    I now realise that it would have been better had I had two separate threads running to avoid confusion.
  • Coupon-mad
    Coupon-mad Posts: 150,673 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    OK - well done on the discontinuance!

    ANOTHER DCB LEGAL ONE BITES THE DUST!

    As for the defence for the other case, use the Template Defence and show us your draft para 2 and 3 for comments.

    Also please show us the POC and details that were supplied in response to the court order. 


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • smp67
    smp67 Posts: 42 Forumite
    Second Anniversary 10 Posts Name Dropper
    OK - well done on the discontinuance!

    ANOTHER DCB LEGAL ONE BITES THE DUST!

    As for the defence for the other case, use the Template Defence and show us your draft para 2 and 3 for comments.

    Also please show us the POC and details that were supplied in response to the court order. 




















    Under that last paragraph are the supplied photographs which confirm my claim that it is impossible to see the ID card or note as they are taken from a few feet away and are of a poor resolution.


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