DCB Legal Letter of Claim - UKPC

preloved1416

The POC are identical to this other than the interest rate and date of the PCN 

KeithP

preloved1416 said:

Shall I send the same defence I used previously or include not leaving the car park as I’m 99% sure they have no proof of this 

Your Defence is against the accusations in the Claim. 
Looking at their particulars of claim, they make no mention of 'leaving the site', therefore you have no need to, and indeed should not, defend yourself against something of which you are not being accused.

Someone else will be along shortly to explain cause of action estoppel - but put simply, they cannot make a second claim where the circumstances are the same.

preloved1416

Thank you. I have done some research online and found the same case mentioned a couple of times - https://www.trowers.com/insights/2019/november/second-bite-of-the-cherry-cause-of-action-estoppel. All of the POC are the same including the location and car, the only difference is the dates.

preloved1416

I will send an AOS in the morning via email while I figure this out 

preloved1416

I have read some other threads and believe I should do the following - submit a defence (same as previous) and a draft order similar to:
DRAFT ORDER

UPON reading the Claim Form filed on [date] and the Defence filed on [date]

AND UPON reading the Order dated [date] dismissing Claim Number [Case Number 1] and the Order dated [date] dismissing Claim Number [Case Number 2], both in this Court and in relation to the same subject matter and parties as the present claim

AND UPON the Court finding that the present claim is vexatious and an abuse of process intended to undermine the previous decisions of the Court, and that this is as per the doctrine of cause of action estoppel (Henderson v Henderson (1843) 3 Hare 100, 67 ER 313 was a decision of the English Court of Chancery which confirmed that a party may not raise any claim in subsequent litigation which they ought properly to have raised in a previous action)

IT IS ORDERED THAT:

1. The claim is dismissed.

2. The Defendant shall have their costs to be assessed, if not agreed.

3. The Claimant is prohibited from making any further claims against the Defendant in relation to the same subject matter.

DATED this [day] day of [month] [year].

Coupon-mad

You can't use that because you lost your case, there was no Order dismissing the first claim. 

Don't do a Draft Order.

Just do a defence including Henderson Cause of Action estoppel wording (search the forum) and include more facts and less template this time, because your local Judge didn't like a template defence with no facts.

Were you working there or were you a shopper?

Your account, when i looked back, was ambiguous and sounded like you did leave the car there.  It came across as 'scattergun' and even possibly that the driver was bilking (leaving the car there and going elsewhere).  I'm not saying you were. I'm saying what it looks like, to a non-involved reader.

At the start of this thread I think you said something about having permission from the business to park there (I got the impression you were an employee and you drafted a defence in March saying that) but later, this month, you dropped all that and drafted a defence as a shopper.

If I'm confused by what your defence really is, then a Judge would be too.

I wonder if the first Judge may have decided you were not a reliable witness if you didn't voice a coherent and plausible defence.

This time, make it true and consistent plus the wording taken from other Henderson Cause of Action estoppel defences.

preloved1416

Thank you, redrafting my defence.

I did work on the retail park, but was told by a manager to park in the car park which I thought would be a weak defence. The second claim is for a couple of PCN in 2020 when I no longer worked there, the first were in 2018. I used to use the Costa when I had a spare couple of hours before lectures once a week or so and parked in the smaller part of the car park as it was always less busy.

preloved1416

To confirm, I follow these steps today to submit AOS: https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0 rather than email DCB?

Coupon-mad

preloved1416 said:

To confirm, I follow these steps today to submit AOS: https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0 rather than email DCB?

If you have a claim form, why would you email DCBLegal?

You just do what the Template Defence thread first post tells you, if you have a court Claim Form.  No need to check.

preloved1416

I have completed the AOS, and I am working on my defence to be sent later this week