compiling defence for unfair parking ticket, county court business centre stage

Ysekots

Hi, no they’re not, I set it up with a fake alias name.

Coupon-mad

 A very good Witness Statement! 

I see you told us this at the start:

DCB legal then sent letters to my old address for nearly a year until i received two separate claims from the county court business centre. i collected my post from my old address a month after one of the claims was sent so i missed the acknowledgment of service deadline and the judgment was issued against me which i had no choice but to pay (approx. £290). the second claim i received was for £691.20 and i submitted the acknowledgment of service online today (05/03/23).

Due to there having been two claims instead of one, you can use Henderson v Henderson to ask that the court considers this second claim has fallen foul of the doctrine of cause of action estoppel.  Here's some wording used before:

https://forums.moneysavingexpert.com/discussion/comment/80051605/#Comment_80051605

I think DCB Legal will discontinue next week.

Ysekots

Thanks, I’ll add that in there too! I have lots of stuff already saved around that topic ready for an appeal. I initially received advice that I could use the win for this case as part of an appeal for that case that I missed the letter for. However if dcb discontinue, I’m guessing I wouldn’t be able to use this current case to back up my appeal?

Ysekots

Just one last query, Do I have to include copies of every case I mention in my WS as evidence? I’m just struggling to find court docs for various cases, I can’t find the pace v mr n 2016 case anywhere.

Ysekots

Sorry, By every case I mean the transcripts .

Ysekots

Sorry for all the comments, I’ve now found the transcripts for pace recovery v mr n, and link parking v ms P, on an MSE post. Hopefully the others are easier to locate 🙏🏻

Ysekots

https://www.dropbox.com/scl/fi/ix2e0rucz7ebg7j3p4iyy/Final-WS-draft-redacted-version-.docx.docx?rlkey=tm84upb3d5qdwmch56gif9hq0&dl=0

Right! final WS complete and ready to send! 

Personal info redacted. 

If anyone would do the honour of scanning through. I’ve now added bit about Henderson v Henderson. And all evidence is in there too

Ysekots

https://www.dropbox.com/scl/fi/kvp5ystqzpwbbkwuds5jn/Final-WS-draft-redacted-version-.docx.docx?rlkey=mgyj6p017bd6qflf90v0950ng&dl=0

Sorry, the amended link, I accidentally missed my name in the prev 
link which is now deleted 

Le_Kirk

You write that is on behalf of the defendant but surely you are the defendant and it is your witness statement. You refer to a penalty charge notice but surely it is a parking charge notice. In para #55 you refer to "the defendant" whereas you should write "I".  Otherwise, I like it.

Coupon-mad

Change the subheading

'Inability to collate cases'

to 

'Cause of action estoppel'

And I would state that you only paid it to avoid a CCJ, not as an admission of liability.  It would have been defended if seen in time.  And put right the mistake at the end of that paragraph  where you've wrongly changed it to 'stop this claim'. Should be 'estop this claim'.

Then I'd move it right up to come after the exhibits about Chan and striking out claims, because it is a similar point.  Change the exhibit number of the previous claim form to suit.