new 2nd PCN claim filed against me even though 1st PCN claim court date is in 2 months

thisismyparkingspot

Dear All

I would be grateful for your thoughts on the below.

I received a PCN about parking in my own parking spot (the “1st PCN”).  I have read the helpful newbie guide and the various threads about how to deal with a PCN, in particular as this regards residents parking.  Following that guidance, following receipt of the claim form, I completed an acknowledgement of service, filed a defence, filed a witness statement with exhibits and am scheduled to attending a hearing in August this year.  The Claimant’s (Parking Control Management (UK Ltd) solicitors (Gladstones) have stated that the Claimant will not even be attending this hearing but I will be attending the hearing in person further to advice in the various threads.

Very recently, I received a separate claim form for the same issue (the “2nd PCN”) dated 14 Jun 2023 but based on an earlier date, which was almost 2 years before the 1st PCN.

I assume that I will need to follow the same procedure to defend myself as the 1st PCN, noting additional language taken from this post (https://forums.moneysavingexpert.com/discussion/5983169/two-separate-claim-forms-for-two-separate-pcns-excel) that two claims have been issued regarding substantially the same issue and should be consolidated:

2. The Court is invited to take note that the Claimant has issued two claims, numbers XXXXXXXX and XXXXXXXX, against the Defendant, and with substantially identical particulars. It is submitted that this constitutes an abuse of process, making the Defendant potentially liable for two instances of issue fees, solicitor costs, and hearing fees, and runs contrary to the overriding objective of CPR 1.1, the disposal of cases justly and at proportionate cost. The Court is invited to consolidate the claims to be determined at a single hearing, and to apply appropriate sanctions against the Claimant.

My question is, should I just rehash my defence (and witness statement) with relevant updates to the dates etc and then proceed as if I received just one PCN?  I am planning to bring this new case specifically to the attention of the judge at the hearing in August but by that time I will have already have had had to submit my defence to the 2nd PCN, hence my post now.

Your thoughts/guidance on the above would be much appreciated.

Coupon-mad

Yes, and you can also add into this 2nd defence, the Henderson v Henderson cause of action estoppel words you see in every other 'two claims' thread.

I am planning to bring this new case specifically to the attention of the judge at the hearing in August.

Mention it briefly in your WS and accuse them of wholly unreasonable conduct in litigation.

B789

@Coupon-mad or maybe @Johnersh, would reference to this Appeal Court decision be worthwhile in claims where the claimant or their solicitor have failed to comply with any rule, practice direction or court order, and try to get relief from sanctions or would the order for sanction need to have already been made by the defendant?

Denton & Ors v TH White Ltd & Ors [2014] EWCA Civ 906 (04 July 2014)

My family/friend the DJ, hinted that this would be a good law to reference, especially in set aside cases where there had been breaches of CPR by the Claimant but could also apply to other areas where there is often abuse of the system by some of these robo-claim outfits.

Johnersh

The court must apply Denton in a relief from sanctions application. 

An application to set aside default judgment is, technically speaking, the defendant seeking relief from the sanction. 

Clearly if C was never entitled to default judgment then that's one thing. But is some cases,where D has ostriched, they really are.

The better example may be late service of witness evidence. 

thisismyparkingspot

Thank you again for your help.

I recently filed my defense by email to CCBC (copying the Claimant’s solicitors, Gladstones) in response to Gladstone's claim against me for a second PCN.  My defence and cover email includes the "two claims" wording as suggested by Coupon-mad.

After I filed it, I immediately noted that the date next to my signature was incorrect (Jun instead of Jul), so I resent the correct version asking that parties ignore the previously circulated version 10 minutes after the first email was sent.

Is this ok?  Or should I contact the court to check if I need to do something else?  As I’ve read that I may need to seek the permission of the court to amend documents under CPR.  I would be grateful for some advice on this.

Coupon-mad

I wouldn't worry about it.

thisismyparkingspot

Thank you again for the help above.

 

I have now had the first case ruled in my favour at court, i.e. I did not have to pay anything and it is dismissed.  However, the judge said that I would have to deal with the 2nd case separately and could apply for strike out.  Some guidance on how to do this would be helpful.

In all of my correspondence with CCBC, I have been noting that there are two cases ongoing with substantially the same facts.  Should I just contact CCBC to state that the first case has already been decided in my favour so the second should be struck out stating something on the lines of:

As the Claimant has issued a claim number XXXXXXXX against the Defendant with substantially identical particulars which has been decided for the Defendant, the Defendant is applying for strike out. It is submitted that this constitutes an abuse of process, making the Defendant potentially liable additional issue fees, solicitor costs, and hearing fees, and runs contrary to the overriding objective of CPR 1.1, the disposal of cases justly and at proportionate cost. The Court is invited to strike out the second case and to apply appropriate sanctions against the Claimant.

 

Or should I wait for something official to come in the post stating that the 1st case was decided in my favour (if that ever comes, it has been a week)?

Coupon-mad

Yay! Well done!

ANOTHER ONE BITES THE DUST!

Did you get awarded any costs?

Which point won it?

Re the second claim, I would email Gladstones tomorrow and tell them that the Judge found in your favour in claim xxxxxxx at the hearing on DATE and also suggested that you apply to strike out the second (duplicate facts) claim no xxxxxxx.

State that this is what you intend to do on Monday 4th September and you will ask the court to award your costs, against the Claimant.

However, the purpose of this email is a drop-hands offer, time-bound during August. This has value to Gladstones' client because their 2nd claim is a duplicate of a meritless claim that has already lost. If they take the pragmatic approach and discontinue claim xxxxxxx (the second claim) they will save themselves the cost of the strike out application and/or save their own wasted second hearing costs if the case gets that far.  Should they wish to accept this, then a NoD must be filed and served during August.

Le_Kirk

thisismyparkingspot said:

In all of my correspondence with CCBC, I have been noting that there are two cases ongoing with substantially the same facts.  Should I just contact CCBC to state that the first case has already been decided in my favour so the second should be struck out stating something on the lines of:

As the Claimant has issued a claim number XXXXXXXX against the Defendant with substantially identical particulars which has been decided for the Defendant, the Defendant is applying for strike out. It is submitted that this constitutes an abuse of process, making the Defendant potentially liable additional issue fees, solicitor costs, and hearing fees, and runs contrary to the overriding objective of CPR 1.1, the disposal of cases justly and at proportionate cost. The Court is invited to strike out the second case and to apply appropriate sanctions against the Claimant.

It makes it seem like the fact that the defendant is committing the abuse of process, the way it is written!  You might want to change the order of the sentences to make it the duplicate claim with "essentially identical particulars" that is the abuse not your application for strikeout.

thisismyparkingspot

Thank you all.

In response to the questions:
1. I was awarded with costs for lost of earnings, transport and post.
2. As it was a residential case (parking in a spot owned), it was dismissed as there was no restriction on my use of my allocated car park spot.

The case was heard on 14 Aug 2023.  Can I expect to get anything from the court ordering the Claimant to pay me?  Summarizing the decision or saying that I have won?  Should I wait for that before emailing Gladstones?

Coupon-mad

No, add your bank details and the fact you were awarded £xxx in costs, to your email!  

SEND IT NOW.