Scs law - claim form

The_Deep

You're being disingenuous ... I didn't say any such things.

No, I did.

TDA is obviously risk averse, no harm in that, but, in order to win the lottery, you have to buy a ticket.

DoaM

But TDA was responding to my post.

PaulH91

The_Deep wrote: »

What exactly is fraudulent about claiming the commencement costs of the claim issue fee and legal rep charges?

If the commencement costs include, as I suspect, £60 for referral to a DCA, then they are not allowed.

Yes I believe this is what the extra £60 is for. As their sign states this:

"Failure to comply with the following at any time will result in a £100 parking charge - reduced to £60 if paid within 14 days. Unpaid parking charges will be passed to our debt recovery agent at which point an additional charge of £60 will apply."

Which brings the total to £160.00 which they are now claiming. Please forgive my lack of knowledge in this, if anyone could please link me to something which states legally that they are not allowed to charge me this extra £60 for referring it to a Debt recovery agent, or please explain why they would not be entitled to this as they have stated it on their sign. I can use this as a point in my argument.

Thank you.

Edit: I will then look at reporting them to SRA if this claim is therefore fraudulent.

Coupon-mad

PaulH91 wrote: »

Yes I believe this is what the extra £60 is for. As their sign states this:

"Failure to comply with the following at any time will result in a £100 parking charge - reduced to £60 if paid within 14 days. Unpaid parking charges will be passed to our debt recovery agent at which point an additional charge of £60 will apply."

Which brings the total to £160.00 which they are now claiming. Please forgive my lack of knowledge in this, if anyone could please link me to something which states legally that they are not allowed to charge me this extra £60 for referring it to a Debt recovery agent, or please explain why they would not be entitled to this as they have stated it on their sign. I can use this as a point in my argument.

Thank you.

Edit: I will then look at reporting them to SRA if this claim is therefore fraudulent.

Try reading point 7 'COSTS' in the (very detailed) defence in this Blog by the Parking Prankster, which covers exactly that point about costs:

http://parking-prankster.blogspot.co.uk/2016/08/parkingeye-discontinue-two-cases.html

''The Defendant draws attention to the detailed consideration of this relationship between the special costs regime of the Small Claims Court and contractual provisions for costs that took place in the Southend County Court decision Graham v Sand Martin Heights Residents Company 0BQ 12347 unrep. (B/6). It was held at paragraph 6(b):

“The absence of jurisdiction (to award costs in the Small Claims Court) is not affected or cured by the existence of a provision in the contract relied on, purporting to entitle the party to his costs of the proceedings”.

In other words, just because it says they will add £60 in the small print on the sign does not override the fact that this, in fact, not recoverable in the Small Claims Track (Google 'costs small claims track'. Research the CPR and you will find it is true).

Bargepole who posts here and attends court in these cases sometimes, uses a version in defences a bit like this (I have tweaked the version below for you, to suit this case):

The Claimant claims, as detailed on the claim form, a sum of £100 as a ‘parking charge’ (for which liability is denied) plus a further £60 as 'debt recovery costs'. It is submitted that these costs have never been incurred and that this is simply number made up out of thin air, an attempt at double recovery by the Claimant, which would not be recoverable in any event.

PaulH91

Thank you for that coupon-mad, fully appreciate all the help you guys have given me. What you've posted has allowed me to understand better. Just trying to get all my points and cover all areas before draw up my brief arguments.

One final question, with regards to the 'court fees' and 'solicitor fees' which they're also trying to charge me for.. Is that only if I go to court? Or is that simply the charge for their representative having to take a few minutes out of their time and have this claim form produced and sent to me? Getting mixed answers about this.

Regards,

The_Deep

Solicitors fees are capped at £50, (I am not sure whether v.a.t. is included), but you should ask them for a copy of the invoice. You would pay the court fees only if they won.

Coupon-mad

PaulH91 wrote: »

Thank you for that coupon-mad, fully appreciate all the help you guys have given me. What you've posted has allowed me to understand better. Just trying to get all my points and cover all areas before draw up my brief arguments.

One final question, with regards to the 'court fees' and 'solicitor fees' which they're also trying to charge me for.. Is that only if I go to court? Or is that simply the charge for their representative having to take a few minutes out of their time and have this claim form produced and sent to me? Getting mixed answers about this.

Regards,

Solicitor fees are capped at £50 and these (and any court fees) apply only if it goes to a hearing and you lose at that hearing. And the Solicitors fees apply ONLY if the Judge agrees they are recoverable...your defence should question that £50 has ever been paid for 'legal fees' because lots of these firms add a sum that has never, in fact, been paid.

Many Judges strike out solicitors fees but likely only if you, the Defendant, draw it to their attention:

http://parking-prankster.blogspot.co.uk/2015/08/parkingeye-bogus-50-solicitor-costs.html

HTH