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Claim defence

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Comments

  • completelyfubar
    completelyfubar Posts: 82 Forumite
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    Sorry Umkomaas, it is difficult to tell which posters have more legal background but thanks again for that link as it certainly makes me feel a little more relaxed knowing UKCPM are doing this with other victims.

    Is there anyone out there that could maybe give me an idea of whether or not to email the CCBS about this please?

    Cheers
  • completelyfubar
    completelyfubar Posts: 82 Forumite
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    Dear Sir/Madam

    I have recently had the claim ********** raised against me from Gladstones solicitors on behalf of UK Car Park Management.

    I already have a Claim in progress that I will be defending in ******** Courts in January 2018 ( ********* )

    The claim appears to be identical to the current claim even though I have never received a 'Notice to Keeper' for this instance dated within 12 days of the previous.

    I believe this to be a duplicate claim and would kindly ask for it to be struck out as such.

    If indeed this is another claim for a second alleged event then may I ask that it is combined with the first claim so that it imposes the least burden on myself and the courts/Judges time and resources.

    I look forward to your further guidance on this matter

    Kind regards
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Dont send it separately. Include this in the preliminary matters section that your defence has, same as ALL Gladstones defences have, talking about how shoddy the claim is.
  • completelyfubar
    completelyfubar Posts: 82 Forumite
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    Ah, OK so put this in the defence so that the Judge see's it at the next stage, makes more sense.
    I suppose the CCBC wont make any call on these matters and just administer the cases.
    Thanks nosferatu1001
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Id ssay it is unlikely theyd actually read an email. theyre swamped.

    Include this request on every part of the claim.
  • completelyfubar
    completelyfubar Posts: 82 Forumite
    Combo Breaker First Anniversary
    OK, cool, thanks guys
    I'll add it the preliminary matters and tag it to the end as well.
    So my defense... need to use the same one as before but emphasize the fact that no PCN or NTK was received contrary to POFA requirements.

    Cheers
  • Redx
    Redx Posts: 38,084 Forumite
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    completelyfubar wrote: »
    Sorry Umkomaas, it is difficult to tell which posters have more legal background but thanks again for that link as it certainly makes me feel a little more relaxed knowing UKCPM are doing this with other victims.

    not a large list but definitely LoC123 and Johnnersh and Bargepole , plus I suspect a few other LONG TERM regulars who post about legal matters on here , like CM , who may or may not have legal training but have valuable insights on various aspects

    I suspect possibly 5 or 6 at most with legal training , including the 3 I mentioned earlier

    there are others who have been through the process and learned a lot from it , like Lamilad for example
  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    The claim appears to be identical to the current claim even though I have never received a 'Notice to Keeper' for this instance dated within 12 days of the previous.

    I believe this to be a duplicate claim and would kindly ask for it to be struck out as such.
    I'm not sure there's any point saying this as it clearly isn't a duplicate claim. The second claim has a different contravention date and was pursued under a different ref no.

    I think you just need to stress the point that it is highly unreasonable and vexatious for them to issue individual claims for alleged events that occurred around the same time and involved the same issues when these could of been dealt with in one claim pursuant to the overriding objective of CPR 1.1, to enable the Court to deal with matters justly, and at proportionate cost, as well as saving expense on hearing fees.

    Alternatively, you could make a request for special directions asking for the instant case to be a test case for the other one. There's an element of risk in doing this, however, and it would require the claimant to agree.
  • Coupon-mad
    Coupon-mad Posts: 131,448 Forumite
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    It's not a 'duplicate' claim, but you should certainly ask at this stage and when it gets allocated to your local court, write again like a cracked record, asking the local Judge too, for the matter to be joined to be heard together to avoid wasting the Court's time and your own exposure to costs for two claims that deal with essentially identical facts and details.

    Lamilad, what did bargepole write in your case that covered this sort of thing, I can't find it?
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  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    Lamilad, what did bargepole write in your case that covered this sort of thing, I can't find it?
    Crikey! We're going back a while now... I'll see if I can find it.

    I know it contained the sentence above about CPR 1.1 as I noted that separately and have used it since in forum comments
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