ACE security systems and Gladstone solicitors letter before claim

hoohoo

I think the prankster already knows
http://parking-prankster.blogspot.co.uk/2016/10/ace-security-youve-been-gladstoned.html

mamaster

I emailed the judge the next day re the compensation due to unprofessional and unreasonable behaviour of Gladstones with a detailed schedule of time spent on the case. Today we've received a response. It reads that we should file N244 and pay appropriate fee. Now after quick Google search it turns out that fee was raised this year to £255 which might make it not worthwhile if the request is rejected. A couple of questions arise there. We've calculated the amount of time spent by my partner (the driver) who dealt with the case on my behalf (at the time of events a mum on maternity leave - otherwise teacher with a pay rate of ~£30ph). The schedule includes dates, times and notes of activities spent on the case (including holidays, letters sent from abroad with receipts etc). The question is whether this is enough to prove the amount of time spent on researching and dealing with the matter given no prior law experience and English being a second language?
We came up with fair estimate of time spent (30h) but will that be sufficient? Is it reasonable to multiply hours spent by hourly rate while being on maternity leave?
And lastly can we add to the compensation the N244 fee (£255)?
Has anyone had any similar experiences?
I would appreciate any pointers/advice.

DollyDee_2

I think you can only claim the court rate of £19.00/hour.

30 hours @ £30/hour = £900.00 - don't think you can claim costs like that in small claims court.

Can't help with the other questions - sorry.

Coupon-mad

There is no way a Judge will allow 30 hours which would be seen as disproportionate, I reckon. Yes you can claim back the £255 fee (as long as the Judge agrees) but ring the court first and check that is the right fee under these circs because there are some circs where the fee is £100.

Sounds like the Judge was on your side so only you can decide if he would be likely to grant costs for you - IMHO don't ask for more than £150, plus the fee, keep it low, keep it real or you might annoy the Judge.

mamaster

Thanks for your advice - will be followed.
I understand I'll be providing a witness statement in which I would like to include:

- the fact that Gladstones earned for their scandalous service from ACE estimated £400 to assist with a claim. I would like to also add that this is their typical behaviour to bring their practice to the attention of the Judge.

- my calculations anyway. However, stating that a reasonable compensation would be the amount Gladstones earned from ACE + whatever the fee N244.

- a detailed schedule (including a lengthy email conversations with Prankster) spent on the case.


It's not about being greedy, it's just not to let Gladstones earn any money from this case and put some light on their terrible conduct.

I would like to know if it's OK to include a very lengthy witness statement or just keep it succinct not to annoy the Judge.

Many thanks again

beamerguy

mamaster wrote: »

Thanks for your advice - will be followed.
I understand I'll be providing a witness statement in which I would like to include:

- the fact that Gladstones earned for their scandalous service from ACE estimated £400 to assist with a claim. I would like to also add that this is their typical behaviour to bring their practice to the attention of the Judge.

- my calculations anyway. However, stating that a reasonable compensation would be the amount Gladstones earned from ACE + whatever the fee N244.

- a detailed schedule (including a lengthy email conversations with Prankster) spent on the case.


It's not about being greedy, it's just not to let Gladstones earn any money from this case and put some light on their terrible conduct.

I would like to know if it's OK to include a very lengthy witness statement or just keep it succinct not to annoy the Judge.

Many thanks again

sorry to burst your bubble, none of that will wash in a court

Judges already know about Gladstones and their failures.

It is the facts that count in terms of your defence

Take advice from here as to what to say, you don't want to look silly in court, do you

Coupon-mad

I would keep this succinct, find out the fee for sure and file the right form with just a Schedule of costs with the claim number at the top.

Signed & dated confirming the above information is true.