Maxing Out the Counterclaim - Call to action!!!

Computersaysno

Calling all experts on here...


Many PPCs don't even bother turning up to court if the defendant puts in a decent defence and WS.


The 'typical/normal' defendant will at most, if they are aware and bring evidence and are lucky, get a max of £95 [+ parking/mileage] for the day they've had to take off work. No compensation for time spent researching defence etc.


So my question is .....How can we generate a maximum counterclaim [submitted well before the hearing date] that makes the PPC regret not turning up.


I'll start the ball rolling....


DPA breach claim - worth £250-£750

Mileage to investigate and take photos at the site - [multiple visits] - 40p per mile

Time to prep a defence etc @ £19/hr - how many hrs would seem sensible??

Postage costs


Please feel free to add any more you have...




Hopefully we can get it over the £800 that would allow a 'win' to be escalated to the High Court and/or the PPC to be wound up....

beamerguy

It's not so much about a max claim because we rely
on the good sense of judge

As we already know, there are judges around who
are past their sell by date.

Unless there is a government ruling, this will always be
a grey area

bargepole

Claims (or counterclaims) for breaches of the DPA are currently proving difficult to win when defended by PPCs, who will often shell out for a qualified barrister as their advocate.

I think there may be more mileage in going for a harassment claim under the Protection from Harassment Act 1997, citing Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 as authority.

This will require the victim to show evidence of harassment, so would work best if they have kept all the threatograms from the PPC, dodgy debt collectors, and shyster solicitors.

And the threshold for escalating to the High Court for enforcement is £600, not £800.

Castle

bargepole wrote: »

Claims (or counterclaims) for breaches of the DPA are currently proving difficult to win when defended by PPCs, who will often shell out for a qualified barrister as their advocate.

Are they falling down on the lack of "reasonable cause" argument?

Computersaysno

bargepole wrote: »

Claims (or counterclaims) for breaches of the DPA are currently proving difficult to win when defended by PPCs, who will often shell out for a qualified barrister as their advocate.

My argument is for use against PPCs who have a track record for not turning up....if they appoint a barrister it costs them £500+...that's a win for us. Also when you submit a counterclaim do you get to see their 'defence'...which would tip you as to the likelihood of them turning up??


Costs of making the counterclaim - £60 [up to £1000]..which I assume you get back if you win....I'd happily take those odds [circa 17:1]....

Computersaysno

bargepole wrote: »

And the threshold for escalating to the High Court for enforcement is £600, not £800.

Sorry. Typo...Yes you're correct...and its £751 to allow winding up.

Loadsofchildren123

This is what I claimed - it was of course far less than the actual time spent but I think the time allowed for is reasonable:

Time spent on documents:

Perusing:
Claim Form 5 minutes
Directions Questionnaire 5 minutes
Witness Statement 15 minutes
Directions/allocation order 5 minutes
[add any time spent on counterclaim defence]
Drafting:
Acknowledgement of Service 5 minutes
Defence 2 hours
Directions Questionnaire 5 minutes Witness Statement 3 hours
Part 18 Request 15 minutes
Preparing [Court/Supplemental] bundle 30 minutes
[include time spent on counterclaim]
Skeleton Argument 1 hour

Time spent on research

Researching legislation, CPR and case law: 4 hours

Time spent on correspondence:
22 letters/emails: 3 hours
[this includes letters to them, including at LBC stage, and to the court]
[for solicitors court usually allows 5 minutes for each page, so a 2 page letter is 10 minutes, a 1 page letter is 5 minutes]

Time spent attending court:
Filing documents (2 visits): 30 minutes
Hearing (including travel and waiting time) 3 hours

Total time spent: xxx hours

At £19 per hour: £x

Expenses incurred:

Postage:
£2.81 recorded delivery/first class post x3 £8.43
Stationery and photocopying: £10.00
[add any issue fee for counterclaim]
Parking at court: £3
Total: £18.43

GRAND TOTAL £xxx

Signed
Dated

System

Claim Form 5 minutes
Directions Questionnaire 5 minutes

Thought solicitors charged in 6 minute lumps or 1/10th of an hour since decimalisation - or are you still on 1/12ths

The_Deep

My solicitor, before he was banged up

http://www.bbc.co.uk/news/uk-england-berkshire-29605167

Used to charge me £200 an hour.

Loadsofchildren123

IamEmanresu wrote: »

Thought solicitors charged in 6 minute lumps or 1/10th of an hour since decimalisation - or are you still on 1/12ths

Yes we do because it's convenient to divide an hour into 10 units. But I made it 5 minutes in order to avoid looking like a solicitor, and in the main the time was marked in quarter/half hourly increments.

The_Deep

I think that appellants need to be far more robust in claiming for unreasonable behaviour What would TMOTCO consider to be unreasonable?

Would he for instance consider the following to be unreasonable

Issuing a PCN to a resident who owns their parking space

ditto for not paying when a machine is out of order

ditto for entering a wrong VBN

ditto for a fluttering ticket

ditto for a few minute overstay, within the ATA grace period,

ditto when traffic delays departure,

ditto when signs are not there, poorly lit, unreadable, or prohibitive

ditto for leaving site

ditto for overstay when unable to find a place

ditto for parking a few cm out of a bay

ditto for leaving site

ditto for no breach of CoPs


Solicitors misleading appellantd and/or threatening credit damage for non payment

and much much more.

Many argue that it is at the judge's whim, but is it? Are CC judges not answerable to anyone, the MOJ, The Court Service, one's MP, public opinion?.

Many people treat them as omnipotent, in fact they are usually retired solicitors who spent their working lives dealing with property sales, divorce, wills, custody, etc. I suspect that few would be able to pass the Foreign Office exams.