UK CPM / Glad overstay Claim Form

nosferatu1001

Fir such a cistsvschedule you need to be able to demonstrate their unreasonable behaviour (CPR 27.14(2)(g) ) and how it allows you to access this costs which is not normally permitted on small claims. There is a case known as Denton which sets out some examples - referring to this would help you.

[Deleted User]

Denton v TH White deals with relief from sanctions not costs. That is quite different.

When it comes to unreasonable behaviour, the article below is helpful. There is recent court of appeal authority on what is reasonable conduct of litigation.

The test is fact specific, but essentially in a number of cases it may boil down to a difference between the PPC running a case that is merely ok (which is acceptable) with running one that they must know is doomed to failure (which is not).

https://www.lawgazette.co.uk/legal-updates/civil-procedure-unreasonable-conduct-and-costs/5061032.article

LewiiiD

Morning everyone.....

Court case is tomorrow morning? Any lasting bits of advice / suggestions?

Thanks,

Lewis

System

A bit off the wall but if there happens to be other UKCPM cases alongside yours, see if you can help them out. For example, if you are called first, see if you can sit with the others as a McKenzie - just to calm others nerves.

LewiiiD

Good evening. I shall do my best to support and offer assistance if I can. Although tbh I'll probably need some my end also. There are at least 3 maybe 4 other UK CPM at Horsham tomorrow morning. Will be interesting to see what happpens.

Coupon-mad

Get there early, in case you are delayed.

Don't accept any paperwork thrust at you by the hired gun. Refuse to 'talk' outside the room!

Don't forget to claim your costs before leaving the room, if you win! STOP and ask.

LewiiiD

Well what can I say that was all over rather quick.....

Hearing was scheduled for 10am, didn!!!8217;t get in to see the Judge until closer to 12:30pm.

Once inside, Judge dismisses claim on bases of poor photo evidence and not being able to !!!8220;against all probability!!!8221; confirm whether it was indeed my car in the daylight to evening photo.

Claimant tried multiple times to show judge photos from iPad but was continually rebuffed.

Got the impression Judge was fed up with dealing with Parking Issues in court and would have striked it out over the smallest of points had he got given the chance.

Didn!!!8217;t have to say too much as case was dismissed very early. Appeal was denied. Only negative side was he wouldn!!!8217;t even acknowledge my cost schedule.

Thanks again for everyone!!!8217;s help, it really has been invaluable! If people would like a more detailed breakdown I can do one at a later date. Onwards to fighting the girlfriends 6 CCJ!!!8217;s from these muppets.

beamerguy

LewiiiD

Well done :T

Suspect you are right, they must be sick to death
with the incompetent Gladstones and the hired mouths
they employ

It's just Gladstones doing what Gladstones DO best....
BEING WHOOPED IN COURT

The_Deep

Only negative side was he wouldn!!!8217;t even acknowledge my cost schedule.

Perhaps the PPC's behaviour was not considered unreasonable.

Now watch this

[FONT=Times New Roman, serif]http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41[/FONT]

and complain like Friar Tuck to your MP, wasted time, no recompense.

Coupon-mad

Well done LewiiiD!! Another claim beaten, case won!

Just quoting to get rid of the smart punctuation glitch that MSE currently has:

Hearing was scheduled for 10am, didn't get in to see the Judge until closer to 12:30pm.

Once inside, Judge dismisses claim on bases of poor photo evidence and not being able to 'against all probability' confirm whether it was indeed my car in the daylight to evening photo.

Claimant tried multiple times to show judge photos from iPad but was continually rebuffed.

Got the impression Judge was fed up with dealing with Parking Issues in court and would have striked it out over the smallest of points had he got given the chance.

Didn't have to say too much as case was dismissed very early. Appeal was denied. Only negative side was he wouldn't even acknowledge my cost schedule.

Thanks again for everyone's help, it really has been invaluable!

If people would like a more detailed breakdown I can do one at a later date. Onwards to fighting the girlfriends 6 CCJ's from these muppets.