County Court Claim AM Parking Services Ltd

JimmyChan

Your counter claim isn't for costs

I am creating my cost schedule for unreasonable behaviour in their claim. So this is for researching, preparing and drafting my defence to their claim. Part of their claim involves me writing my witness statement, but also part of bringing my counter claim involves me writing my witness statement.

Ok I think I have just answered my own question, don’t claim costs for doing my witness statement or supporting evidence.

Have you submitted your WS and evidence to support the counter-claim

I wrote one long witness statement as separating out into defence and counter claim would involve rehashing the same points. I sent over 100 pages so trying to keep everything clear in a chronological order.

I will post my WS up here later as I didn’t have time to get it peer reviewed here. For this I am sorry and will have to live with the consequences.

nosferatu1001

Don't claim costs for writing the COUNTERCLAIM WS, just the WS for the defence to their claim.

Think of this - the claim and counterclaim are separate. You are dealing with thier unreasonable behaviour in bringing the CLAIM against you, so deal with the costs associated with the CLAIM solely.

JimmyChan

Don't claim costs for writing the COUNTERCLAIM WS, just the WS for the defence to their claim.

As I said above I wrote one long WS which covered both their claim and my counter claim as this made more sense to me. This set out the long timeline of events which happened and easily shows the different stages of this case; the trespass, the data protection breach and then the start of their claim.

In doing so I can't attribute costs against which part of the WS is for their claim and which is for my counter claim.

nosferatu1001

Then you dont do so.
Separate WS would have been a lot easier!

JimmyChan

[FONT=&quot]Going to send this off tomorrow any comments always welcomed:

[/FONT][FONT=&quot]Ordinary Costs[/FONT]
[FONT=&quot]Loss of earnings / leave, incurred through attendance at Court £95.00[/FONT]
[FONT=&quot]Return bus ticket to travel from home to Court & back £5.10[/FONT]
[FONT=&quot]Sub-total £100.10[/FONT]

[FONT=&quot]Further costs for Claimant’s unreasonable behaviour, pursuant to Civil Procedure Rules 27.14(2)(g)[/FONT]
[FONT=&quot]10 hours for researching, preparing & drafting two defence documents and letters to the court about the Claimant’s Behaviour (at Litigant in Person rate of £19 per hour) £190[/FONT]
[FONT=&quot]Printing, stationary & postage fees £15[/FONT]
[FONT=&quot]Sub-total: £205.00[/FONT]

[FONT=&quot]TOTAL COSTS CLAIMED £305.10[/FONT]

Umkomaas

At face value looks reasonable enough .......... apart from the fact that in many cases judges have dismissed any cost claims.

If you've got evidence of loss/costs (pay slips to prove wage/salary level, bus ticket) might help get some of this back.

While I hope it works and you get most if not all, experience suggests that you shouldn't hold your breath.

Do please let us know of outcome - always useful data for those who ultimately follow in your footsteps.

JimmyChan

I was reading through LoC's drop box letter (linked in the newbies sticky) about applying R27.14(2)(g) and wondering if this is something I should add to the covering letter when I send this to the courts. Or if it is something which I should read out if their claim is unsuccessful.

Coupon-mad

Your costs schedule already mentions that part of the CPR, so what are you thinking of adding to the covering letter (and the covering letter for what, the costs schedule)?

When is your hearing (approx)? Next week? And which court? You may have said already, but the thread is 4 pages long as I see it, using my preferred forum view style.

Do you know about challenging Rights of Audience when you arrive in the court room, have we discussed the BMPA text 'check the rep' RoA service?

JimmyChan

What are you thinking of adding to the covering letter (and the covering letter for what, the costs schedule)?

Yes for the cost schedule, I usually say what is enclosed and then this gives me room to add a bit about how the Claimant has failed to do something. I was thinking it would state how in this case how R27.14(2)(g) clearly applies. But I guess I should save that for when / if the Claim is unsuccessful.

When is your hearing (approx)?

Mid next week in Maidstone.

Do you know about challenging Rights of Audience

I am currently printing off the Law Gazzette's article (from 23/09/2010), and printing out Paragraph 5.1 of practice direction 39.

have we discussed the BMPA text 'check the rep' RoA service

It currently says "Currently suspended over the holiday period" so not sure if it is going to be back.

nosferatu1001

You need payslips to prove you lost earnings, or confirmation you had to take holiday. £95 is the max as well, not the set amount, and is for a half days reimbursement.

You want a short bullet list with your CPR27.14 costs claim as to how they have been unreasonable.
If yorue brave you coudl go for 50% of a band D fee eaerner. About £60ph.