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Yet another LBC...
NezA
post Tue, 29 May 2018 - 06:43
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OK so it's been a while since I posted on here but I've just received yet another LBC from Gladstones and I need some advice.

I have successfully defended a claim in the past you can see the details in this thread

http://forums.pepipoo.com/lofiversion/inde...t101775-50.html

Subsequently I received another LBC from Gladstones and the judge found in favour of the claimant (the judge gave a long speech about people thinking reading an Internet forum gave them the knowledge that these claims can be defended and seemed to take issue with me personally and dismissed every point in my defence) the defence in this case was technical the same as the case in the above thread no thread for this case exists as I was familiar with the process and the case was so similar my defence and bundle were broadly the same.

I ended up paying rather than going for a set aside and appeal perhaps this was the wrong approach.

Now however I have received a further LBC for two PCN's (totalling £320) from the same PPC all of these claims could have been dealt with in a single claim. Obviously this is a deliberate action on the part of Gladstones and the PPC to increase their chances of extorting money as it seems that much of the process comes down to luck and whether or not the judge is as familiar with the existing case law as they feel they are.

Anyway my concern is that now they have won a case this will go against me I only have a few days to respond to their LBC as this arrived whilst I was on holiday a couple of weeks ago and was dated the 4th of May despite arriving much later than that (another tactic I've noticed they use)

In desperate need of advice I will happily defend the claim but last time this ended up costing me more than the claim amount after court costs so don't particularly want to end up with the same outcome.

I will upload a photo of the LBC later this evening when I return from work.

Many thanks NezA
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post Tue, 29 May 2018 - 06:43
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Eljayjay
post Tue, 29 May 2018 - 07:40
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On the presumption that the events covered by the two latest LBCs are, in effect, identical to both each other and the event in the claim which you lost, res judicata and other similar principles apply here.

Essentially, the judgment in the earlier case binds the parties. So, if the parking company had lost, it could not sue again. Similarly (but in reverse), as you lost, you cannot contest issues in later proceedings that were decided in earlier litigation.

If a claim was successful, the rights and obligations of the parties are now defined by the judgment, and they cannot revert to their original positions and start again. There has to be finality in litigation.

Given that you felt the judge erred in the lost case, you should have appealed.

This post has been edited by Eljayjay: Tue, 29 May 2018 - 07:48
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NezA
post Tue, 29 May 2018 - 08:46
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Thank you for your input Eljayjay

The 2 cases heard previously were similar (same PPC) but not identical (they occurred at different locations with different restrictions so the contract was slightly different for each.) However for this latest LBC the case is identical to the first one which I successfully defended (same site same restrictions) therefore Res Judicata should apply I was unaware of this principle and will do some further research regarding this.

In my response to this LBC should I mention the previous case and the binding nature of the courts ruling? Are Gladstones just trying their luck here?

I'll await further input from you and anyone else who wants to contribute before deciding on my next steps

Many thanks
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nosferatu1001
post Tue, 29 May 2018 - 14:00
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Yes, of course. State they cannot issue a claim frmessentiallynthe same circumstances
They're bound by.p it

You assuming too much intelligence here. It's an automated process with no correlation or oversight
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Eljayjay
post Wed, 30 May 2018 - 08:47
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Yes, as nosferatu1001 says, for the latest LBC, you can respond by saying something along the lines of "As res judicata applies - see the case of xxxxxxxxxxxx v xxxxxxxxxxxx (No. xxxxxxxxxx) heard at xxxxxxxxxxx County Court on xx xxxxxxx xxxx - in the event of your client proceeding to issue a formal claim, I shall request the Court to have it struck out".

Did you get a transcript of the judgement? If you did, it would be interesting to see what the judge had to say about the parking scheme.

Was Parking & Property Management Limited involved by any chance?

I imagine that whoever the parking company is in your case, they obtained your personal details from DVLA. If they did, you may wish to send a complaint to the DVLA - Sarah.Howells@dvla.gsi.gov.uk - along these lines:-

Dear Sarah,

I am writing to complain about the activities of <parking company name>.

The parking company sent me a notice to keeper relating to alleged unpaid parking charges after obtaining my personal details from the DVLA database. They have since sent me a letter before claim threatening to take County Court action against me.

As you know, in order to apply for and obtain drivers' personal details, a parking company must have "reasonable cause". On this occasion, however, the parking company knew that it had no reasonable cause. This was because my right to park on the relevant land without having to pay the parking company's unwarranted parking charges had already been established by a judge in the case of xxxxxxxxxxxx v xxxxxxxxxxxx (No. xxxxxxxxxx) heard at xxxxxxxxxxx County Court on xx xxxxxxx xxxx.

In these circumstances, I believe that the parking company is using the DVLA database in an attempt to commit fraud as opposed to operate a legitimate parking scheme. I shall, therefore, be grateful if you will investigate the parking company's activities and report back to me.

Yours sincerely,

You may wish to copy your email to your local MP.

This post has been edited by Eljayjay: Wed, 30 May 2018 - 08:51
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NezA
post Thu, 12 Jul 2018 - 15:35
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Ok so an update.

I have now recieved court papers regarding this. The amount claimed does not match the amount in the LBC in any way shape or form im not sure if this has any relevance to my defence.

I will keep my defence to the same structure as before and amend the structure so that the first point will include the fact Res Judicata applies and request the claim is struck out.

Any additional advice regarding any other additions would be welcome.

Many thanks
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Dave65
post Thu, 12 Jul 2018 - 19:43
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Also be keeping a list of your costs, time spent, letters postage for a claim.
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Eljayjay
post Thu, 12 Jul 2018 - 19:54
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Do you have a transcript of the judgement in the case to which res judicata applies?
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NezA
post Thu, 12 Jul 2018 - 20:07
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I don't have a transcript no how do I get one?

I will create a log of time etc for a claim.

Does the disparity between the LBC and the court papers have any bearing? At the very least I'll include it in my WS to highlight the incompetence
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Eljayjay
post Thu, 12 Jul 2018 - 22:06
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Telephone the Court office for information about how to obtain a transcript of the judgement in the previous case.
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nosferatu1001
post Fri, 13 Jul 2018 - 08:17
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Indeed, the obviosu answer is to contact the court...

What response was received to the LBA response you sent?

When you say it bears no relation, do you mean its just the LBA plus £25 filing fee plus £50 solicitors fees?
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NezA
post Fri, 13 Jul 2018 - 14:13
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They didn't respond just issued proceedings. I will call the court in a moment.

The LBA claimed fees for 2 charges the POC only contain 1 charge plus costs and interest.
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nosferatu1001
post Sat, 14 Jul 2018 - 12:44
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Get your defence together ASAP

Them only claiming for one charge is fine.
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