Residents parking - UKCPM - Claim Form

Coupon-mad

Looks good.

Don't forget the other sheets as per the last 2 paragraphs of my earlier reply.

pogo88

Thanks Le_Kirk and Coupon,

A few questions as I begin to put my case file together:

1) I have now added a supplementary statement to include the extract from beamerguy's thread regarding the disproportionate and disingenuous costs in the claim. I was thinking to add this as a separate statement that follows my WS, with the 2 case summaries appended as Exhibits G & H. Will this be ok?

2) On my schedule of costs, I have included a reimbursement of the monies I paid to UKCPM for a previous PCN issued to me. (It got to the stage where a default CCJ was going to be issued to me, so I just paid up)

3) Do I need to include the actual PCNs/claim forms/debt recovery letters as part of my case?

Thanks in advance
P

Le_Kirk

1. I think providing you reference it in your main WS, that should be fine.
2. IANAL so unfortunately cannot advise.
3. Claimant should provide all their paperwork but I would take copies on the day for my own reference - unless you've referred to any of it in your WS which shows the claimant's unreasonable behaviour, in which case it should form part of your evidence.

pogo88

My schedule of costs:

DEFENDANT'S SCHEDULE OF COSTS


Ordinary Costs


Loss of earnings/leave, incurred through attendance at Court XX/XX/2019 £229.24


Sub-total £229.24 ======


Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g)

Research, preparation and drafting of documents (5 hours at Litigant in Person rate of £19 per hour) £95.00

Stationery, printing, photocopying and postage: £18.00

Reimbursement of PCN claim (ref:XXXX) for Parking Charge Notice issued on XX/XX/2016 under identical conditions and justification. Settled on xx/xxx/2017: £243.53

Sub-total £356.53 ======



£ 585.77 TOTAL COSTS CLAIMED

Coupon-mad

1) I have now added a supplementary statement to include the extract from beamerguy's thread regarding the disproportionate and disingenuous costs in the claim. I was thinking to add this as a separate statement that follows my WS, with the 2 case summaries appended as Exhibits G & H. Will this be ok?

Yes, seems a neat way to present it. Sign & date the supplementary statement.

2) On my schedule of costs, I have included a reimbursement of the monies I paid to UKCPM for a previous PCN issued to me. (It got to the stage where a default CCJ was going to be issued to me, so I just paid up)

OK, I suspect you won't get it but put it in and maybe the Judge will be minded to grant the rest & just exclude this bit, so let's just say it's padding. And you never know!

3) Do I need to include the actual PCNs/claim forms/debt recovery letters as part of my case?

No.

Take proof of how much you earn with you on the day but don't be surprised to be capped at £95 unless you can convince the Judge of 'unreasonableness'. It's a high bar to meet and you will need a crib sheet to tell the Judge at the end, why you should get punitive costs on the indemnity basis,not just standard attendance costs.

What about travel and parking for the hearing? Add that.

Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g)

Research, preparation and drafting of documents (5 hours at Litigant in Person rate of £19 per hour) £95.00

And I think 5 hours is very light - is it not true to suggest it is surely more like 10, if you count all your hours spent reading even the LBC and pre-action drivel they sent, and researching the legal aspects?

Reading the POFA and the Beavis case alone takes a while for a newbie, and you need to know how your case differs from Beavis, as the rep in court will try to use that case as justifcation for this one.

pogo88

Cool - I'll amend my costs as recommended. Although I do live quite close to the court so no transport or parking costs will need to be claimed.

My case file will be indexed as follows:

PAGE

WITNESS STATEMENT 1 - 2
SUPPLEMENTARY STATEMENT 3 - 6
SCHEDULE OF COSTS 7
EXHIBITS 8

I've also added an additional point in my WS to reference my supplementary statement.

8. The total costs for the 2 Parking Charge Notices issued is £200.00. The Claimant’s claim to recover total costs of £XXX, on the basis of purported added costs for the claimant, is considered to be wholly disproportionate and does not stand up to scrutiny. I would like to refer to the supplementary statement appended to this case which shows a number of County Court Judges have disallowed parking firms’ purported added costs and struck out these cases as an abuse of process.
The Court is invited to make an Order of its own initiative, dismissing this claim in its entirety and to award my costs as are permissible under CPR 27.14 on the indemnity basis, taking judicial note of the wholly unreasonable conduct of this Claimant.

Hoping this reads ok. Although I have repeated myself with that last sentence about dismissing the claim and awarding my costs. I have this as the final point on my WS:

11. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Thanks again
P

Coupon-mad

Looking good. Are you clear on what conduct amounts to unreasonableness? Google it and read some articles about it. A high bar, but try!

pogo88

Understood and I will try. Perhaps the Judge will see a claim brought on by a claimant with no authority and no commercial justification to issue these charges as a claim that has been unreasonably made and without merit? I hope so.

I'll print off my case file and hand it into the courts in the next few days. Do I need to give the claimant a full copy of the case file including the supplementary statement and all the exhibits or can I just send them my WS?

KeithP

pogo88 wrote: »

Do I need to give the claimant a full copy of the case file including the supplementary statement and all the exhibits?

Yes you do.

Umkomaas

Whilst physically delivering to the court in a neat paginated folder, no such ‘frills’ need be wasted on the Claimant. If you’ve been in email correspondence with them, and they’ve not objected to that method of contact in you defending the case, whip them off an electronic copy of everything you’re handing in to the court - save yourself printing and postage costs.

However, if you are posting your bundle to them send it with a free Certificate of Posting from your Post Office counter as with this, the bundle is deemed by law to have been delivered by the second working day after posting.

Do not use (or pay for!) 'Signed For' (previously known as 'Recorded' or 'Registered') or 'Special Delivery' as some PPCs refuse to accept such, then all you have is proof of non-delivery.