CEL ANPR PCN - POPLA unsuccessful -PAPLOC - Now Claimform - Morrisons, Butterfly Walk Car Park, London SE5 8RW - paid have receipt too! ***Claim Discontinued***

[Annabooo]

It is the same PCN number as the original PCNs issued back in 2021 when this first happened. 

Last time DBCL issued the Letter Before Claim and acted on behalf of CEL. 

Yesterday I have received a Letter Before Claim from CEL directly saying they will take me to court if I do not respond within 30 days. 

It is for the same case that was issued a N279. 

It is either an error on CEL side or they are just trying to still make me pay and hoping I do not live here anymore? 

[dx100uk]

thats weird.

send them a copy of the notice of discontinuance then.

attach a copy of the 1st page of their new PAPLOC too just so they dont get confused.

dx

 

[Annabooo]

Thanks, will do. 

I was hoping to ignore them so they can waste their time but i guess it also wastes my time to go through the whole process again. 

[FTMDave]

CEL are idiots, you'll be on a list of non-payers and they'll just automatically have sent out the LBC without bothering to check that the matter has already been dealt with by the courts.

It depends what you want to achieve.

1.  If you want to get rid of them do as dx says and also add a blistering letter warning them that'll you'll smash them for costs galore if they're so damn thick as to take the same matter to court twice. 

2.  If you want to annoy them and waste their time then ignore the LBC in the hope that they really will start a new court claim - that would lead to humiliation galore for them but also of course eat up your own spare time.

[dx100uk]

i suspect one letter and it will end

they wont want to get sanctioned nor get court costs awarded against them.

dx

[Annabooo]

I have decided I will ignore them. I don't want to waste my time even responding to them. They can waste their time and money on getting the case to court again. 

I will respond to the court if it gets to that point. It shouldn't take much more of my time as I have all the evidence and writing saved on my laptop already and can just use it again and also i can let the court know that this case has already been discontinued. CEL can find out from the court that their case has been discontinued previously.  

It will be interesting to see what happens. Nothing might even happen, they may just be trying their luck. 

Will keep you posted 

[brassnecked]

Bear in mind if they do issue a Claimform the AOS should put as defence the fact they have already been unsuccessful with this claimand provide the Notice Of Discontinuance at the opportune time.

[lookinforinfo]

My first inclination was that as the case had been discontinued, CEL should have destroyed your details bur I was wrong. Discontinuance does allow them to return to Court. As , I think, you had submitted a defence, that will mean the Court will have to approve their second claim. 

You  have the right to appeal to appeal against their second claim on the grounds of estoppel and abuse of process.

 

 

 

[AndyOrch]

 A Discontinued Claim is regarded as never being adjudged. As a defence was submitted the claimant would require the courts permission to reissue on the same particulars.

3 hours ago, lookinforinfo said:

You  have the right to appeal to appeal against their second claim on the grounds of estoppel and abuse of process.

Incorrect I'm afraid and a defence would be Res Judicata not estoppel on a previously struck out claim.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38#38.7

 

.

[Annabooo]

the court will need to give them permission to take me to court again? 

This is ridiculous. 

I do not want to waste too much time on this but I will keep an eye on the court letters. 

I will keep this thread posted. 

Thank you everyone. 

[dx100uk]

well no.

it would be the same process, they simply write to northants bulk requesting they raise a claim.

and you'd get a claimform like at the start here.

very very remote speculation that would ever happen

dx

 

 

[lookinforinfo]

Andy thank you for correcting me and thank you again for posting the Court Procedure rules.

It makes interesting reading- 38.4 (1) Where the claimant discontinues under rule 38.2(1) the defendant may apply to have the notice of discontinuance set aside^(GL).

(2) The defendant may not make an application under this rule more than 28 days after the date when the notice of discontinuance was served on them.

Was the delay in sending the Discontinuance notice deliberately held up to prevent Annabooo  from asking for a set aside.? It was well over the 28 days after the Discontinuance notice was received. I know that the 28 days applies after the Notice was served but could that be part of a reason to refuse CEL permission . I assume they haven't paid the Court  fee to initiate  proceedings again ?

 

38.7 [3]  3) The defendant shall inform the court in writing as soon as practicable whether the defendant asserts that permission is needed and, if so, whether the defendant consents to permission being granted.

Has Annaboo been informed that she has the right to refuse consent ? Does she even have the right to refuse consent in this instance.

I am assuming that Annaboo would prefer to refuse this resurrection on many grounds not only because she does have the right to enjoy a peaceful life.

[Annabooo]

Yes I would like a peaceful life without the feeling that the claimant can threaten me when they want and discontinued the claim whenever they want and this goes on and on. 

This is all so confusing. 

Let's see what happens. CEL might just be trying their luck and nothing happens.