Own Apartment Parking Fine

nosferatu1001

YEs, you need WS and evidence, which you exhibit. THe WS must reference and therefore introduce the exhibits. Use INITIALS/001 as your scheme for referencing. Each piece of paper neesd a reference on it, not just the forn tpage - lets you findit if it gets detached

HOw are you getting £250 ordinary cost? Half day loss of leave or earnings, capped at £95.
Unreasonable - have to hand the tests in Denton so you can show they have behaved so.
No idea where £30 odd for LIP is from? The CPR states £19.

Nell22

i can provide my salary slip as evidence that has an hour rate on it which i permanently work for.
I'm doing a full days loss of earnings as i've had to take the full day off. the hearing is at 12PM, neither morning or afternoon. Hour rate x 8.

LIP rate - noted, i'll revise down to £19, any comment on the amount of hours, what is the standard. I've spent so many hours trying to craft and research everything from scratch, my knowledge on legal was literally non-existent.

Noted on unreasonable - i'll take this out.

Redoing my witness statement tonight in the 1st person, is it okay if there is some cross over in my witness statement and my evidence section, as i reiterating within my witness statement?

nosferatu1001

Check the CPRs:
Part 27:

e) a sum not exceeding the amount specified in Practice Direction 27 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing;

PD27:

(1) for the loss of earnings or loss of leave of each party or witness due to attending a hearing or staying away from home for the purpose of attending a hearing, a sum not exceeding £95 per day for each person

How are you exempt from this? How can you prove need for more than this? I dont say you should not try, but if you get denied...

There is no standard
Have a seperate line for each stage - including completeing DQ, researching DQ, resaerching WS, obtaining and compiling evidence for WS bundle, writing WS..and so on. The more items you put, te harder it is to slash and burn your total - if you put one line "50 hours" then they can say "nah, 10". If you list 20 items each taking 2 or 3 hours, thats harder to argue against

I presume you just diviided 250 by 8... when a search on "LIP rate" woudl have found something else.

If you wish to claim any costs OUTSIDE of CPR27.14 allowance then the only way to do that is to prove their unreasnoable behaviour. This is in EVERY Thread, so this should not be a surprise. Read CPR27.14(2)(g).

Your witness statement should refeence yoru exhibits

Coupon-mad

It is OK to crossover in the WS with things already said in defence, and it reads fine.

All I noticed was you didn't mention anything about their signs being prohibitive (PCM v Bull comes into play) which they probably are?

And i would take the chance to say the signs are in small font & badly placed on a wall near the bins (photo evidence of that is good). So I would mention the signage and show evidence of how dire it is, and how it appears to be aimed only at 'unauthorised' drivers. Not you.

Plus here I would steer away from the wording you copied (which was good but I don't like stating they were there to 'enforce parking conditions') and make it clearer that residents didn't realise that the prime purpose of the regime was in fact, to penalise the captive audience of residents - which it obviously is!

At some point, the managing agents contracted with the Claimant company [STRIKE]to enforce parking conditions at the estate[/STRIKE] as a contractor but they are strangers to the lease and in common with other residents, I was led to believe that the regime was intended to deter trespassers. No 'relevant contract' or 'relevant obligation' was communicated to residents, nor would I have accepted a contract foisted upon me with onerous terms and charges. It is not enough to put signs up and ride roughshod over the rights of residents that already exist and which take precedence, given the leasehold title held.

Trying to re-offer a parking/loading (in or out of the allocated bay) right or easement that I already enjoy by express or implied right under my lease, lacks any aspect of consideration.

There is no licence to park that this Claimant can possibly offer me that I do not already have as an unfettered right. This Claimant is trying to run our home car park like a commercial site, on the same punitive terms as a trespasser would be charged. This would clearly be a derogation from grant and I wish to make clear that I did not agree to contractual terms, just because a permit was foisted upon me with no opt out offered. Permits were displayed as a courtesy only, to show other residents who was parked, and we have previously always been able to stop to unload or load items anywhere in the car park area.

In your bundle for court, enclose extracts from your lease (and take it in person n a ring binder with a contents page, and the date of the hearing & claim number stuck firmly to the front cover).

And email the WS and evidence to the Claimant's solicitor. No wasting postage on them!

On the day of the hearing, your bundle contains the whole lease/full colour photos, etc.

Nell22

Thank you so much Coupon-mad. This is super clear and helpful, I’ll include all your points you’ve made and sit down tonight and rewrite my witness statement & revise the schedule of cost with others input.

Again, really want to express my gratitude. I’ll send through a second draft once I’ve managed to type up. Thanks.

KeithP

Have you seen the examples of Costs Schedules linked from post #2 of the NEWBIES thread?

There are comprehensive, all embracing, examples to be seen.

Nell22

nosferatu1001 wrote: »

YEs, you need WS and evidence, which you exhibit. THe WS must reference and therefore introduce the exhibits. Use INITIALS/001 as your scheme for referencing. Each piece of paper neesd a reference on it, not just the forn tpage - lets you findit if it gets detached

HOw are you getting £250 ordinary cost? Half day loss of leave or earnings, capped at £95.
Unreasonable - have to hand the tests in Denton so you can show they have behaved so.
No idea where £30 odd for LIP is from? The CPR states £19.

I'm reading up on unreasonable conduct on the below site and reading through the forum on how Gladstone has acted unreasonably, though i dont believe that this can be applied to my case? They havent really defaulted on any of the court requirements having served the WS and Evidence on time. I'm taking it out of my schedule of costs for now - as i can't apply it to my case as yet - i'll keep researching to see if anyone has applied it differently

xxx.itsalawyerslife.com/5-tips-for-relief-in-small-claims-trials/

KeithP

Feel free to post live links when you are ready. You have enough posts under your belt and have been here ling enough now.

Easier for you - easier for us.

Nell22

KeithP wrote: »

Feel free to post live links when you are ready. You have enough posts under your belt and have been here ling enough now.

Easier for you - easier for us.

Thank you! I didnt realise what the threshold was!

Nearly completed my second draft of WS.
Can somebody sent me a link to the actual PCM-UK v Bull et all B4GF26K6 [2016] case.
I've google searched it but it doesnt seem to come up with anything aside from the parking prankster site, which has a dead link to the case? I want to include a copy in my evidence bundle.

Nell22

Just reading the claimants defence statement they refer to my land registry that it says that "confirms only the third floor is included in the title" (this is true)

Though, in my lease it clearly states "with access to an allocated parking spot" in the header. There's no solid ground to their statement? (Just making sure!)