Parking charge - permit on show but not in bay

Loadsofchildren123

You can't invoice for the time now. The costs can only be dealt with within the proceedings and there's no legal basis to issue a claim for them later, particularly when you asked the judge and all he gave you was £91. The judge got it wrong, but it's too late now.

[Deleted User]

You can't invoice for the time now. The costs can only be dealt with within the proceedings and there's no legal basis to issue a claim for them later, particularly when you asked the judge and all he gave you was £91. The judge got it wrong, but it's too late now.

I'd agree with all of this, but there is the additional dynamic...

At the end I got to list their unreasonable behaviours and I made about 8 points - which I included in my cost schedule (thanks to advice!!). But the claimant piped up and said "i think there is a limit of £90" so the judge awarded me £91 haha.

...so arguably, the Court was misled by the Claimant (inadvertently or otherwise). This would, in principle, make the Costs award appealable on the basis that the Court then fell into error. The transcript would help to clarify.

The problem with that technical argument is that unreasonable costs are discretionary, so it's by no means guaranteed that the uplifted costs would have been given anyway - in which case you'd top out somewhere close to £95 for your day out (earnings loss) in any case.

That said, since you appear to have another case on (and if the Claimant is willing to go toe to toe again), you will of course be writing to them now to point out that you will seek unreasonable costs and pointing out the error made by their advocate at the previous hearing and that you were in fact entitled to seek the costs you did and will do again...

Laura_Higgs_76

Thanks all!

I have written to the Claimant and await a reply (as usual).

I wondered if you could help me with the court. I have not received my DQ for the other claim so therefore it has not been transferred to my local county court yet. Do I sent a request to my local or Northampton county court to strike it out?

Coupon-mad

If you haven't had a blank DQ N180 then you can Google for court documents and find it.

If you have had your blank DQ from the court (and returned it and copied it to the claimant) but have received no completed copy DQ from the claimants, then you can write to the CCBC and ask for the case to be struck out, worth a try.

It's not in the hands of your local court until it's allocated there.

Laura_Higgs_76

OK - so I will send off a DQ and then should I wait until it has been allocated to my court before I ask them to strike it out? Or attach a letter along with the DQ?

Redx

Laura_Higgs_76 wrote: »

Do I sent a request to my local or Northampton county court to strike it out?

NO , because being pedantic that court wont be dealing with it UNLESS you live in Northampton and it was allocated at the DQ stage

I think you mean the CCBC in Northampton which is a Business Centre (an office) , not a court

it is an important difference, as the latter is just a civil service office for admin staff , like the government pension centre up in Newcastle , or the DVLA in Swansea

I realise you probably meant the CCBC, but do not confuse it with the court itself which is completely separate and not the same address

so yes contact the CCBC , not the County Court

good luck

Laura_Higgs_76

Redx wrote: »

NO , because being pedantic that court wont be dealing with it UNLESS you live in Northampton and it was allocated at the DQ stage

I think you mean the CCBC in Northampton which is a Business Centre (an office) , not a court

it is an important difference, as the latter is just a civil service office for admin staff , like the government pension centre up in Newcastle , or the DVLA in Swansea

I realise you probably meant the CCBC, but do not confuse it with the court itself which is completely separate and not the same address

so yes contact the CCBC , not the County Court

good luck

Thank you! You are completely correct - meant the CCBC but assumed that was a county court itself.

Will do - thank you

Laura_Higgs_76

Hi all - update, Gladstones emailed me today to transfer amount owed but they still are not in my account - meaning they have missed the date on the court order. I am waiting for the DQs to be processed in order for it to be transferred to my local court before I send the letter asking for it to be striked out - could this be something I mention on there?

I am too worried about creating a counter claim due to the missed date! I would rather use it as a reason to strike out the final claim, rather than counter claim.

Thanks

Laura_Higgs_76

Hi all

I have received my court date for the third court case - 7th June. I have written to the court asking them to strike out the third claim and use res judicata, however I received the following;

"As you are the Defendant if you wish to strike out a claim you need to make a formal application to the court. This involves completing form N244 ( can be downloaded ), completing it and sending it to the court with the fee of £255.00"

I think I would rather attend court and get it struck out rather than pay £255 - would this be seen as OK?

[Deleted User]

Obviously if you were to win the application you'd get the £255 back.

But since to win the application you'd likely still have to attend court at a contested hearing, it would seem to confer no advantage, but a substantial costs risk to you.

Nothing to stop you running res judicata at trial - assuming it was flagged in the Defence and (here's the critical point) that the Court found that the blocking off the bays was a material intereference/should prevent the PPC from pursuing the claim. My reading of the posts on here is that the PPC lost the hearing, more than you won it. That's cool (a win is a win is a win), but it may be that there is a limit to how helpful the judicial comments were and that you can now refer to...