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Full Version: Vehicle Control Services say RES JUDICATA is not Law
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Pearlofwisdom
Story so far:

VCS take me to Court for parking in my own Residential space.

His Honour Deputy District Judge David Hambler (Oxford Law Graduate) Specializing in Land & Property Law
He is also a member of the Property Litigation Association.

Couldn't have wished for a better man to hear the case.

His Honour took just 5 mins to dismiss case.

I win – RES JUDICATA applies.

1 week later VCS serve me with another CC summons for alleged same contravention- different date.

I speak to their Litigation Team and advise of their Court loss and that they cannot pursue me again.
I quote RES JUDICATA and said trainee barrister laughs down the phone and claims there is no such law and they are still taking me to court.

I am now of the opinion that anyone working for VCS is terminally thick.


Apologies for new thread but I do think this is now another matter
Jlc
CPR 27(2)(g) details an exception that the court may order “such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably”.
Redivi
As it's a new case, you're right to start a new thread

Never telephone a parking company or its solicitor

Perhaps this is a situation where a counter-claim for trespass and interference with your property might be appropriate
At the very least the claim is unreasonable behaviour

The trainee is correct that it's not a law
What he omitted to say was that it's a legal doctrine

A legal doctrine is a set of rules or a test that judges use to make decisions

One of these is the principle that, when a claim has been decided, it can't come back to court again
This includes a new claim that could have been covered in the original action

You can bet that, if VCS had won, they would be arguing that the decision applied to all their parking notices against you
nosferatu1001
Yep, so you ensure your defence (youve written one I trust! ) mentions this as the FIRST item. The ocurt has already decided on X date number Y that you had a right to park there. This right hasnt altered, VCS should have included this claim initially and they are trying their luck. As such you ask that the court dismisses the claim now, before it gets onto the small claims track> You could make a £100 APPLICATION to get this actually looked at - the advantgae is that, IF this is dismiesed now *they have no costs protection* and you cna hit them for the full costs.

I would also stick in a counterclaim> trespass, imsuse of data, harassment. £2000 or so.
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