Witness Statement

Soddingtypical

Oh, and is the max daily wage £95?

Coupon-mad

Yes, you can check this on the UK courts webpages.

Soddingtypical

BW LEGAL ARE DISCONTINUING THE CLAIM!
I'm beyond annoyed. I am absolutely prepared and have everything printed and ready and have just received a call saying the claim has been discontinued. How on earth they got my number I have no idea. I said that I wanted it to go to court but they said that it was no longer necessary. I'm still going tomorrow because I don't trust them. Plus, I've already got the day off work which I will have to pay for. I wanted it to go on record how absolutely ridiculous the claim was. IA valid ticket was bought. The correct number plate and I wasn't driving. And it was nearly 6 years ago.

Any advice?

Umkomaas

Consider a claim against the PPC and BWL for breach of the Data Protection Act. Not to be done in a rush, you will need to be fully in charge of your brief, it will take more court-related work on your part.

Have you read Timothea's advisory thread on making a DPA breach claim?

I'm not sure (as in I don't know) whether you can claim for loss of a day's leave/pay for their undue lateness (unreasonableness) in discontinuing. I'm not sure whether you will be called into court, but if you're going down there anyway, make enquiries. Make sure you have a printed cost schedule to hand in, if that's possible. I'm not the expert on the court front, but others are likely to be along later.

Soddingtypical

Thanks Umkomaas

I'm annoyed that the defence will now not be on record and it's absolutely water tight. I had 5 defences and they couldn't argue to any.

It's caused so much stress and wasted so much time I want something to come out of it.

Umkomaas

I sympathise entirely with your anger and frustration. The problem is with these roboclaims is that no one on the PPC side reads anything until the last minute. It's only then when they realise if they have any chance or not.

Unfortunately they are very much in the driving seat, and will remain so until someone really bites back and they are hit hard. But the county court is not a 'hard hitting' place for a PPC with much greater financial resources than their average 'victim'.

As your user name says 'Sodding typical'!

Soddingtypical

I've done some research. I got the call at 16.38pm and received the email which contained the notice of discontinuance at 5.00pm. According the the court filing of documents guidance, after 4pm is considered the next day. If BW Legal didn't file the documents with the court until a similar time it means that the date of discontinuance will be tomorrow (the date of the hearing).
"38.6 Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant."

Therefore I should still be able to claim for costs. Is that right?

Lamilad

"38.6 Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant."

Therefore I should still be able to claim for costs. Is that right?

Correct! You should either email the judge or call into court with your costs schedule asap and ask that your costs are awarded according to the above CPR.

Be sure to include additional 'unreasonable behaviour' costs such as LiP.... I'd go for 5 hours at £19ph but try 7 hours if you're feeling brave.

If the judge goes by the book, they will tell you to pay the fee of £255 to set up a costs hearing. Then it's up to you if you want to do that. IMHO you would be successful and the £255 would be added to their bill

Coupon-mad

Yes, ask to be allowed to go and see the Judge anyway, even if the court Usher tells you ''it's been discontinued, off you go, byee''. Sit and wait and see the Judge and ask for your wasted costs - you don't have to say when you read the email...

To steer the judge to realise this might be a case to award punitive (extra) costs, quickly have a read of LoadsofChildren123's post about claiming costs, as linked in post #2 of the NEWBIES thread. Print it out as a crib sheet. Take proof of your day's leave and daily wage/income and have to hand the CPR rule that says that a person can claim for 'loss of leave', not just loss of salary, (again that's in the NEWBIES thread post #2).

Soddingtypical

I thought you could only claim for a maximum of three hours! I've already filed it with the court but can I change it now? The reality is that I've spent about 50 - no exaggeration.