Recieved Claim form from Court in respect of UKCPS

Coupon-mad

In county court soon. As I've said all I need to say do I need to be there.

Yes, if you want to win, IMHO the Defendant needs to attend and answer questions and raise your defence points and show your photos in person, and point out the holes in the claimant's 'evidence'.

The value of showing yourself to be an honest witness in person is HUGE.

taffyd

O.k you've convinced me. I'll be there!

taffyd

Good news, I think? Is this what I think it is? Have I beaten them into submission or do I still turn up at court tomorrow morning.

If I have won can I pursue them through the small claims court for damages? Loss of earnings? General Inconvenience and my precious time or am I too late?

Taffyd

taffyd

HELP!!!!!!

Sorry, forgot to say have received from UKCPS a notice of discontinuance. This is NOT from the court.

It seems to have be a copy of a notice of discontinuance to the county court. However, it seem incomplete as the bit where the Judges name has to be entered is blank and is not dated.

Do I still turn up at court tomorrow???

System

do I still turn up at court tomorrow morning.

If you want your costs, you'd go along and say that as the Claimant defended so late you want some recompense for your costs which are ......

You are not automatically entitled to them so you have to make your pitch. Part 38 of the Civil Procedure Rules covers costs but these don't apply to the Small Claims Track so you argue unreasonable behaviour under Part 27.14.2 (g)

Costs on the small claims track
27.14
(1) This rule applies to any case which has been allocated to the small claims track unless paragraph (5) applies.
(Rules 46.11 and 46.13 make provision in relation to orders for costs made before a claim has been allocated to the small claims track)
(2) The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except –
(a) the fixed costs attributable to issuing the claim which –
(i) are payable under Part 45; or
(ii) would be payable under Part 45 if that Part applied to the claim;
(b) in proceedings which included a claim for an injunction or an order for specific performance a sum not exceeding the amount specified in Practice Direction 27 for legal advice and assistance relating to that claim;
(c) any court fees paid by that other party;
(d) expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing;
(e) a sum not exceeding the amount specified in Practice Direction 27 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing;
(f) a sum not exceeding the amount specified in Practice Direction 27 for an expert’s fees;
(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably; and

taffyd

Hi IamEmanresu and all the other bloggers who give selflessly of their time to help people like me who know little of the law but know much about that feeling 'injustice.'

Did not go to court as rang them at 9:00am all suited and booted to turn up and despite pressing them to allow me to attend they said the discontinuance notice meant the case would not be heard.

I feel elated yet gutted as I would have like the whole matter to be recorded and then, maybe, used for others in this wonderful city of mine as a warning about what UKCPS is doing to unsuspecting, often new visiting away fans, to the city. It is a total scam that need a stop putting to it and if I can raise its profile I certainly will.

And yes, I will seek to post further details on this forum as I realise this is also an excellent way to do just that. However, I hope people realise why I have been so cautious previously in doing that as I know not only the 'innocent' access these forums.

I have had previous experience in the 'Endowment Mortgage' misselling scandal where forum evidence was used in court against me and my wife. We left court that day feeling bruised and battered and vowed never to go there again. Thus, when this happened my wife refused 'point blank' to be involved and like most, I suspect, said pay up.

In me, rightly or wrongly, there is something that just won't allow me to roll over when I feel I have done nothing wrong.

Thus, can I genuinely add my voice to the many on here and say you can win if you hold your nerve and do your homework and ask for help from these people who write on here. Look at the time IamEmanresu posted back to me 04:15. Don't you people sleep??? Thankyou so much whoever you are.

Taffyd

Lamilad

Very well done. It's really annoying that they can put you through all this then discontinue at the last minute and you can't claim any costs.... But that's the small claims system unfortunately.

Thus, can I genuinely add my voice to the many on here and say you can win if you hold your nerve and do your homework and ask for help from these people who write on here.!

Wise words.

bluetoffee1878

Well done, been following this thread for a little while, as I've got a bit of letter tennis going on with this PPC.

If you are minded to continue the fight and get some of your costs back (because you will have racked up some), write to the court for the attention of a procedural judge with a schedule of costs citing the unreasonable behaviour of UKCPS

Have a look at the newbies thread post # 2 about half way down, some good info there ref claiming costs after a last minute discontinuance. Worth a stamp I reckon.

System

Don't you people sleep???

Would you like a dog that likes to wake the house early?

taffyd

Can I refuse politely?

Thankyou again. Will look at the suggested thread and buy the stamp.

Wuff! Wuff!

Give that dog a small treat for me please.

taffyd