UKPC / DCB Legal - Part 3 - I WON AGAIN!!! ALL 3 OUT OF 3

IloveElephants

Happy New Year to all my friends on this board!!


I am editing my WS.... Its going to be 99% the same as the previous where I won last year as its for the same particulars.

I am going to add in this paragraph at the beginning: Please correct me if it dosent make sense.

The claimant pursued the same claim for the same particulars in 2023 and the defendant won the case at (insert court name and date and judge name) Now the same claimant is trying it on again for the same particulars. This pcn (insert court case ref) was 8 days after the previous 2 which the defendant won in court in 2023. Same carpark and all pcns were in the early hours of the morning in a dark unlit carpark on a winters night. 

In my exhibit I will also put a screen shot of the court letter saying I won the case and the claimant was ordered to pay me £50

Thank you everyone. 

Coupon-mad

"The claimant pursued the same claim for the same particulars" 

It's not correct to say 'the same'. I'd say:

"The claimant pursued a very similar facts claim based on almost exact-match particulars" 

And attach not only the judgment but that first case claim form first page too, as an exhibit to prove it.

And you need the Henderson v Henderson wording about cause of action estoppel and the case law about that (see other threads).

Le_Kirk

Do you still have time before your deadline? You seem to have been writing your WS for some time.

IloveElephants

Hi Le Kirk and Coupon-mad,

Thanks for the message, Yes the deadline to submit the WS is 20th Jan.. I want to complete it this weekend and submit as I have a crazy schedule


Let me add to Coupon -Mad previous comment, this was taken from my supplementary WS which I sent to the court before the case that I won early 2023:



The claimant pursued a very similar facts claim based on almost exact-match particulars

Due to the claimant's unreasonable behaviour in issuing yet another claim just a few days before the court hearing date (insert date of case in 2023 and location)  which is unfair and abuse of the court procedure.

DCBL Limited should have advised their client not to proceed with a separate claim having identical particulars to the existing claim (insert court reference)

Sequence of events and signage 1. The car park for Location (insert location) is not known to the defendant and had never been visited prior.

The claim refers to an incident involving a vehicle (insert Registration)  In the absence of visible signage requiring the defendant to pay or display a ticket or permit, the car was left, and the defendant went about their business.

2. On the 23st January 2023 the defendant received a copy of a letter titled “Letter of claim” dated 16th January 2022 from DCBL (SEE EXHIBIT 1) 3. The letter says claimant UKPC and is for a PCN on the (insert date month 2019 ) for the same particulars, same carpark, same vehicle and same reasons.

4. All 3 pcns from this claimant are within a 14 day period for the same particulars.

5. The letter sent by dcbl legal on the 16th January 2023 says the defendant must pay £170.00 The Consumer Rights Act 2015 Section 71 states that fairness in contracts can be brought up in court even if it has not previously been mentioned during proceedings, and that issuing yet another claim with identical particulars is unfair and a breach of court protocol as determined in Henderson v Henderson.

6. Cause of action estoppel and Henderson v Henderson. Claimant creating duplicate claims abusing the court system.

I will attach the first claim form if I can find it to the exhibit. 


How is the above? Good to put in my WS? Feedback appreciated. Thank you everyone
 

KeithP

IloveElephants said:

2. On the 23st January 2023 the defendant received a copy of a letter titled “Letter of claim” dated 16th January 2022 from DCBL (SEE EXHIBIT 1) 3.

Two points...
1. 23st January should be either 21st January or 23rd January.
2. and should the year of the date that the letter was sent be 2023 - or did it really take over a year to arrive with the Defendant?  

IloveElephants

Hi Le Kirk, Correct 23rd Jan, Yes it should be 2023, that was a typo.


FYI I will also add in this image to my exhibit... this says it all and sums the whole thing up. The fact that that these scammers are wasting our tax paying money on things like this annoy me when we should be helping the NHS. 

Thanks,

KeithP

IloveElephants said:

Hi Le Kirk, Correct 23rd Jan, Yes it should be 2023, that was a typo.

Well done @Le_Kirk. 

Fruitcake

Instead of saying, yet another claim, I think you should highlight the fact that this is a third claim despite the first two having been dismissed by the courts, ensuring the case numbers and the judges' judgments for the two previous cases are stated. 

IloveElephants

Fruitcake said:

Instead of saying, yet another claim, I think you should highlight the fact that this is a third claim despite the first two having been dismissed by the courts, ensuring the case numbers and the judges' judgments for the two previous cases are stated. 

Hi Fruitcake, your correct this is in fact the 3rd claim by the same claimant.
they chickened out in 2022 at the last minute when I was preparing for my WS
2023 They lost the case in court. 
2024 lets see.. I look forward to the hearing, only difference its virtual 

Thanks for the tips, I will make the changes. 

Coupon-mad

The judgment that you actually attach for your Judge to see must not be redacted at all.