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Maxing Out the Counterclaim - Call to action!!!
Comments
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Here's a schedule from a successful counterclaim for costs...they asked for circa £2300, got awarded £1500...nice result!!!
Time spent on documents
Reading:
1. Statement of Claim form: 30 minutes. 0.5 hour
2. C's Directions Questionnaire: 30 minutes . 0.5 hour
3. Court order (allocation and timetable): 30 minutes . 0.5 hour
4. IPC Code of Practice: 3 hours
5. BPA Code of Practice: 3 hours
6. Plot no. xxx on the xxxxx
Land Registry no. xxxxx. 2 hours
7. 4 letters from the Claimant: 30 minutes 0.5 hour
8. 6 letters from Claimant’s solicitors, Gladstone solicitors,: 30 minutes . 0.5 hour
9. 6 letters from Claimant’s debit recovery agent, TRACE,: 30 minutes. 0.5 hour
10. Schedule 4 of Protection of Freedom Act 2012: 3 hours
11. Contract - with particular reference to unfair contract terms: 3 hrs
12. Tort – In relation to trespass: 3hours
13. Occupiers Liability – both in statute and tort: 3 hours
14. Data Protection: 3hours
15. Consumer Protection and Disability Discrimination: 3 hours
16. Civil Procedure Rules Part 27: 3 hours
17. Practice Direction 27: 3 hours
18. Civil Procedure Rules Part 31: 3 hours
19. Court cases:
a. ParkingEye Limited v Beavis [2015] UKSC 67. 2 hours
b. PCM V Bull & 2 other [2016] B4GF26K6. 1 hour
c. Jopson v Homeguard [2016] 9GF0A9E. 1 hour
d. Link Parking v Ms P C7GF50J7 [2016]. 1 hour
e. Pace v Mr N [2016] C6GF14F0 [2016]. 1 hour
f. Saeed v Plustrade Ltd [2001] EWCA Civ 2011. 1 hour
g. UKPC v Masterson [2016] B6QZ4H3R 1 hour
Total: 46 hours
Drafting:
1. Acknowledgment of Service Form: 30 minutes. 0.5 hour
2. Statement of Defence: 6.5 hours
3. Directions Questionnaire: 30 minutes. 0.5 hour
4. Witness Statement. 9 hours
5. Other work done on documents like Printing, Scanning & organising: 3 hours
Total: 19.5 hours
Correspondence
1. 4 letters to Claimant: 2.5 hours
2. 5 letters to Claimant's solicitors: 3 hours
3. 1 letters to court dated 03/10/2017. 4 hours
Total: 9.5 hours
Other
1. 4 calls to court 4x15 minutes. 1 hour
2. Time spent to post 6 letters to Claimant’s Solicitor, Gladstones Solicitor,. 1.5 hour
3. Time spent to post Statement of defence and 1 letter to court to court. 1 hour
4. Site visit to take photographs, Videos and collect evidence 1.5 hour
Total hours costs, from the above: 80 hours at £19 per hour = £ 1520
Printing of statement of defence. Estimate £25.
Postage: £9.37 +estimated £2.4 = £11.77
1. Printing of Witness Statement (estimated) = £75
2. Time spent to post Witness Statement to court, 0.25 hour x £19 = £4.75
3. Time spent to write this letter / application, 5 hours x £19 = £95
4. Loss of earning to attend court hearing at xxxx = £95
5. Car park to attend court hearing at xxx (estimated) = £5
6. Postage:
a. Post Witness Statement & evidences to court, £11 +£1.8 = £11.77
b. Post letters to Gladstones Solicitor , £1.74+£1.74+£1.74+£1.75= £6.97
c. Post to Northampton County Court Business Centre, £2.4 = £2.40 -
Bump...
£1500 up for grabs every time a PPC takes you to court....!!!!!!!0 -
Computersaysno, please have the courtesy to acknowledge where you have lifted that costs schedule from.0
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Sassii's thread (and if I remember correctly I drafted it
)
Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
Computersaysno, please have the courtesy to acknowledge where you have lifted that costs schedule from.
I love it when people get offended on behalf of someone else.
I asked the person concerned if it was Ok for me to use it and they were happy for me to do so.
Users name was iirc sassii [as per posting after yours]....if it's that essential for your peace of mind, then feel free to post a link to their thread.0 -
It was a damn good costs schedule and result, that Gladstones tried & failed to appeal, so said sassi!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Resurrecting a bit of an old thread here...but would you still go for counterclaim if you want to partially pay the fine and still countersuit?
The original "PCN" was never issued in my case, first contact I had was from DCA, complained, got sent photos, but they still wanted the full amount, I requested reissue to pay at half price, it never came, now its gone to second DCA Gladstones who gave lied on the CCJ and said I was given 28 days to pay but I never did!0 -
Oh dear you need to read the newbies thread0
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You don't want to partially pay though - that would be stupid. and you have no counter claim grounds in most cases.
You need to stop reading old threads!
Read post #2 of NEWBIES PLEASE READ THESE FAQS FIRST (see my signature).
Once you have read it and know what stage you are at (because 'lied on the CCJ' means nothing at all, wrong terminology) then start a new thread to show us what you've done that the NEWBIES thread tells you. You do not have a CCJ.
If you have an N1 claim form, if that's what you mean, when you've read the NEWBIES thread and done the AOS first, start a thread with your draft defence for us to look at, like people do in all the 2019 threads.
And also tell us when showing us your draft defence, the date issued of the N1.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Apologies I have posted my own thread now but I didnt draft my defence.
Will need to start again.
Apologies.0
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