Can a dismissed claim be tried again?

Raoultheman

post moved to my original thread

 

Mouse007

Click on your username, look left and click on discussions

scroll down to

https://forums.moneysavingexpert.com/discussion/6287349/cst-law-parking-fines/p4

then copy above onto old thread

bargepole

Once a claim has been heard res judicata, and dismissed, it cannot be re-litigated. Cause of Action estoppel applies.

Raoultheman

bargepole said:

Once a claim has been heard res judicata, and dismissed, it cannot be re-litigated. Cause of Action estoppel applies.

well that is rather good news then

patient_dream

Raoultheman said:

Cannot find my posts from a year ago, so long story short - In late 2019 I got parking tickets over a 2 week period for parking in my residential building's car park. I did not have valid scratchcards on my dashboard (for a period of 3+ years this was my only blemish). Anyway, CST Law took me to court on behalf of Parking Ticketing Ltd. I had a defence set up, but no idea if it would work, as I was not contesting I had parked there.

Had no idea if case had been heard until 2 days ago (I was suddenly unable to attend court), when I received a notice saying it had gone ahead, but case dismissed ... because claimant had not included a photo of the no parking sign in the car park.

In such a situation, could CST Law put a claim in again, this time with a photo? Or once dismissed, for what appears a valid reason, is that it?

 

Good job it was dismissed.   The question is the photo timestamped for 2019 ?
Otherwise it could be any old stock picture.

Yes they can try but will they win, it's CSTLaw so very doubtful
Doubt the judge will be pleased as they wasted the courts time the last time.

Parking Ticketing Ltd must be desperate to wake up such an old claim

Show us the defence you did at the time and did you advise the court you could not attend ?

Raoultheman

I have no idea if they have a photo, or whether they just forgot to include it.

Court emailed 3 days before case saying they were short of judges and were looking to adjourn some cases asking if case was definitely still active. i emailed back and said I would struggle to attend so yes please to adjournment.

Got no reply ... then 3 weeks later, a notice case did proceed but was dismissed.

Anyway previous poster said it cannot be resubmitted so all good I hope!