Moorside Legal - Another case

wp408

Extremely frustrating update.

Moorside have now sent a new claim form with a different date for the same car park which was under the same circumstances as the previous (auto pay failed). This is just ridiculous… I already beat them in court once and now I have to go thru the same process again. At least now I have the previous ruling as precedence, and that they do not have evidence to prove that they the right to manage car parking on this land.

Should I reach out to NCP to ask them to get Moorside to withdraw this claim given I successfully defended an identical claim last time?

If we get to the this being assigned to a judge, shall I ask the court to have this claim struck out based on the previous successful case?

If they have yet to pay what they owe me from the previous case as well, is that something I should bring up when going thru this process anew?

Gr1pr

You can issue a written demand for full payment within 7 days for the previous case, to Moorside Legal if they acted on behalf of NCP, or you will seek enforcement by obtaining Warrant of Control via the courts, including costs

As for the new claim, look up Henderson vs Henderson and defend using a strikeout request because multiple claims are barred, there should have been one claim that included every outstanding pcn

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

What is the principle of Henderson v Henderson?

The rule in Henderson -v- Henderson1 is a well-established procedural rule that advances the principle of finality in litigation. As originally pronounced by Sir James Wigram V-C2 the rule requires all parties to bring their whole case to Court in a single set of proceedings.

Issue Estoppel

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You should probably include a defence too, just in case

Deal with Moorside Legal, not their client

wp408

Thanks for the pointing out that case. I will definitely use that.

When can I submit that strikeout request? After its goes thru the small claims track and is assigned to my local court or can I submit one now to the Civil National Business Centre?

I will sending them a demand for payment from the previous case.

wp408

I've emailed Moorside a demand of payment. However they now allege that the help@moorside.co.uk is unmonitored even though they have replied on that address in the past, and I should signed up to their portal to submit an enquiry to them. I'm not going to give them any of my personal details to sign up to a portal.

This story keeps getting more and more ridiculous.

I will be seeking enforcement thru the courts with a warrant of control it seems as they will not reply to my email if it's unmonitored.

What a joke.

Castle

It's the parking company which owes you the money, not Moorside.

wp408

https://forums.moneysavingexpert.com/discussion/comment/81903876#Comment_81903876

True yes, but above I was told to issue a written demand for NCP via Moorside.

Gr1pr

Its up to the lawyers to sort it out on behalf of NCP, so Moorside Legal for now, with the demand, and the threat of a Warrant of Control against NCP, their client

Coupon-mad

Concentrate on the AOS and defence.

OR file a strike out application but I wouldn't be sure how to word it and a judge may not agree.

wp408

https://forums.moneysavingexpert.com/discussion/comment/81904227#Comment_81904227

Thanks for everyone help. I really appreciate it.

Yep I've submitted the AOS and defence thru MCOL to keep up with the process. Where can I file the strike out application? I'm planning on writing to the court of the now first claim on the failure of payment

Coupon-mad

You won't be filing a strike out application now. It was either/or, as I told you; I put OR in capitals for a reason!