2 separate letters from BW Legal - Britannia Parking

mixMZ

"britannia parking grouplimited t/a britannia par"

if the claim will be “just” struck out after all that hassle I will not be happy.
They deserve real punishment!

Coupon-mad

3. To be referred back to the District Judge after 28 May 2019
4. This order having been made by the Court pursuant to Rule 3.3 of the Civil Procedure Rules 1998, any party affected by this order has the right to apply to set it aside, vary or stay it by application made not more than 7 days after this order was served on the party making the application.

Apply so it arrives no later than Tuesday, to vary the order (or in the alternative, for this matter to be considered when the case is referred back to the District Judge after 28th May 2019) so that the Defendant's wasted costs are ordered against the Claimant to be paid 'on the indemnity basis' due to their wholly unreasonable conduct and serious abuse of process.

Attach

(1) a hefty costs schedule too - see below for search to find one, or look at Sassii's one!

and

(2) a list of their unreasonable conduct during this case, including not filing a WS/evidence, failing to follow court directions and deadlines, a lack of full Particulars of Claim and things (you decide, have a think) like misleading statements in the pre-action letters about CCJs? aggressive demands? Pretending a keeper is liable even though they didn't bother to use the POFA? Adding fake 'debt collector costs' of sixty quid despite never paying that to anyone, and adding fake legal fees despite it being an unchecked roboclaim handled by an admin team with no solicitor/legal work specific to the case ...etc.

Search the forum for shining example unreasonableness costs and copy what the person who got over £700 did, to draw up a longish list of the unreasonable conduct from pre-action through to now, and list ALL your costs (including lots of clearly broken down stuff like 'reading this document, reading that document, researching the POFA 2012, preparing a defence, preparing my Witness Statement and evidence' all added up at the £19 per hour LiP rate) so that you are claiming on the indemnity basis.

This is your few days chance to TRY to get a nice large costs order! Grab it!

You won't get another chance if the hearing is vacated, so seize this moment since you are allowed a few days to apply to VARY the order, and you know the DJ is going to have the case referred back to him/her. Now is that time!

Be aware Monday is Bank Holiday so it might be best to take your letter/application to vary the order and hopefully get your costs schedule paid by the Claimant(!) to the court in person on Tuesday, with a COPY of that order, and ask that your letter is put before the Judge urgently.

mixMZ

UPDATE

Claimant didnt file documents as per Court order and both cases were referred back to the District Judge.
I have included DEFENDANT’S COSTS APPLICATION & SCHEDULE OF COSTS on both cases just on time before they were referred back to the District Judge.

2 weeks later received letter from court saying:

Before District Judge Giddins sitting at the County Court at Southampton.....

Upon Referral
And upon it being noted that the claim has been struck out pursuant to order of 21 May 2019 by reason of Claimant's default

IT IS ORDERED THAT
1. The Hearing on 2 August 2019 is vacated.

I contacted Court straight away and asked if there was any response to my COSTS APPLICATION & SCHEDULE OF COSTS that i filed on both cases ,also asked what is happening with second case as they both supposed to be heard at the same day&time.

Whoever I spoke to - they didnt know the answer and said they would refer second case back to Judge again.

then again almost 2 weeks later got 2 letters from Court:

1st letter dated 19 June regarding case "nr1"

Before District Juge Giddins sitting at the County Court at Southampton.....

Upon Referral
IT IS ORDERED THAT

1. The order of 6 June 2019 is rescinded and the case be heard with case "nr2" for Hearing on 2 August 2019 at (xx:xx)

Please Note: This case may be released to another Judge, possibly at different Court

2nd letter dated 19 June regarding case "nr2"

Before District Juge Grand sitting at the County Court at Southampton

Upon referral of the Defendant's cost application

IT IS ORDERED THAT

1. This matter is listed on 2 August 2019 for Hearing (with case "nr1") and Defendant's submissions will be considered then.

mixMZ

And that is what was submitted:

BRITANNIA PARKING GROUP LIMITED T/A BRITANIA PARKING
Claimant

XXXXXXXX
Defendant

For this matter to be considered when the case is referred back to the District

Judge after 28th May 2019

The Claimant has demonstrated an abuse of process and abject disregard for the court's
Directions and should have no relief from sanctions.

Defendant's wasted costs are ordered against the Claimant to be paid 'on the indemnity
basis' due to their wholly unreasonable conduct and serious abuse of process.

DEFENDANT’S COSTS APPLICATION
1. General costs rule in Small Claims: no costs order. However:
1.1. CPR Rule 27.14(2)(g): costs can be awarded where a party behaves unreasonably
1.2. Paragraph 16 of Practice Direction – Pre-Action Conduct: a party who has not
complied with its pre-action obligations can be ordered to pay costs (even if the party
has succeeded in its claim/defence) and there is also a power to remit/increase
interest.

Defendant says both apply and seeks a costs order against Claimant.!

Given that the special costs rules of the small claims track are arguably its raison
d’être, the Defendant can understand why the Court may be reluctant to order costs
for unreasonable behavior, but I believe that there are a number of features that
when present together might mean that such an order is attainable.

List of unreasonable conduct

1a) Failing to follow court directions and deadlines, not filing a WS/evidence/documents
1b) A consistent failure to respond to correspondence.
1c) the failure to supply information that has been requested or give reason for not doing so.
1d) Lack of full Particulars of Claim
1e) A failure to properly set out a case in respect of liability pre-litigation.
1f) an unwillingness to discuss the case and narrow issue.
1g) A claim that is unreasonably made and without merit.
1h) Exaggeration of a claim and/or dishonesty
1i) Pretending a Registered keeper is liable even though the Claimant did not use the POFA
1j) Claimant willfully using the wrong Code of Practice
1k) a failure to follow the standard Small Claims track directions
1l) Aggressive demands
1m) Adding fake 'debt collector costs' of £60 despite never paying that to anyone.
1n) Adding fake legal fees despite it being an unchecked rob-claim handled by an admin
team with no solicitor/legal work specific to the case.
1o) Abuse of process - issuing two claims for matters that turn on exact facts
1p) Misleading statements in the pre-action letters about CCJs

Any denial of bad practice and unreasonable behavior by the Claimant is just that, not fact
as I have evidenced to the court. Based on the above the Defendant is seeking their costs
(CPR Rule 27.14(2g) on an indemnity basis due to the unreasonable behavior. Please see
below a breakdown of costs.


DEFENDANT'S SCHEDULE OF COSTS!

Costs for Claimant's unreasonable behavior, pursuant to Civil Procedure Rule
27.14(2)(g)!
Time spent on documents
Reading:
1. Statement of Claim form: 60 minutes. 1 hour
2. C's Directions Questionnaire: 30 minutes . 0.5 hour
3. Court order (allocation and timetable): 30 minutes . 0.5 hour
4. BPA Code of Practice: 4 hours
5 4 letters from Claimant’s solicitors, BWLegal,: 30 minutes . 0.5 hour
6. Schedule 4 of Protection of Freedom Act 2012: 4 hours
7. Civil Procedure Rules Part 27: 4 hours
8. Practice Direction 27: 4 hours
9. Civil Procedure Rules Part 31: 4 hours
10. Court cases:
a) ParkingEye Limited v Beavis [2015] UKSC 67. 2 hours
b) Ladak v DRC Locums UKEAT/0488/13/LA 2 hour
c) UKPC v Masterson [2016] B6QZ4H3R 2 hour
d) Memon v TNT UK Ltd (2009) 1 hour

Total: 29.5 hours

Drafting:

1. Acknowledgment of Service Form: 30 minutes. 0.5 hour
2. Statement of Defence: 3 hours
3. Directions Questionnaire: 30 minutes. 0.5 hour
4. Witness Statement. 6.5 hours
5. Schedule of Costs 1 hours
6. Other work done on documents like Printing & organizing: 2 hours

Total: 13.5 hours

Total hours costs, from the above: 43 hours at £19 per hour = £817
Printing of statement of defence and Witness Statement. Estimate £25.
Loss of earning due to booked day off to attend court hearing at 02 August 2019 = £95

TOTAL COSTS CLAIMED = £937

No idea what can I expect ,will the claimant attend? ... in 4 weeks time everything will be clear.

beamerguy

I don't know what we would think about the outcome.

I mean, a judge did award some £1500 to a motorist against parking eye and no abuse of process. The motorist was a Barrister and did have some clout.

Interesting though that Judge Grand is involved as he recently kicked out BWLegal for Abuse of process, as did Judge Taylor in Southampton

There is more here than meets the eye and it will be more for BWLegal / Britannia to worry about than you

Coupon-mad

I love the fact you have DJ Grand involved and it's Soton. Search the forum!

And I LOVE THIS shining example of a summary of unreasonableness, for punitive costs. I hope DJ Grand or DJ Taylor love it too!

BRITANNIA PARKING GROUP LIMITED T/A BRITANIA PARKING
Claimant

XXXXXXXX
Defendant

For this matter to be considered when the case is referred back to the District

Judge after 28th May 2019

The Claimant has demonstrated an abuse of process and abject disregard for the court's
Directions and should have no relief from sanctions.

Defendant's wasted costs are ordered against the Claimant to be paid 'on the indemnity
basis' due to their wholly unreasonable conduct and serious abuse of process.

DEFENDANT’S COSTS APPLICATION
1. General costs rule in Small Claims: no costs order. However:
1.1. CPR Rule 27.14(2)(g): costs can be awarded where a party behaves unreasonably
1.2. Paragraph 16 of Practice Direction – Pre-Action Conduct: a party who has not
complied with its pre-action obligations can be ordered to pay costs (even if the party
has succeeded in its claim/defence) and there is also a power to remit/increase
interest.

Defendant says both apply and seeks a costs order against Claimant.!

Given that the special costs rules of the small claims track are arguably its raison
d’être, the Defendant can understand why the Court may be reluctant to order costs
for unreasonable behavior, but I believe that there are a number of features that
when present together might mean that such an order is attainable.

List of unreasonable conduct

1a) Failing to follow court directions and deadlines, not filing a WS/evidence/documents
1b) A consistent failure to respond to correspondence.
1c) the failure to supply information that has been requested or give reason for not doing so.
1d) Lack of full Particulars of Claim
1e) A failure to properly set out a case in respect of liability pre-litigation.
1f) an unwillingness to discuss the case and narrow issue.
1g) A claim that is unreasonably made and without merit.
1h) Exaggeration of a claim and/or dishonesty
1i) Pretending a Registered keeper is liable even though the Claimant did not use the POFA
1j) Claimant willfully using the wrong Code of Practice
1k) a failure to follow the standard Small Claims track directions
1l) Aggressive demands
1m) Adding fake 'debt collector costs' of £60 despite never paying that to anyone.
1n) Adding fake legal fees despite it being an unchecked rob-claim handled by an admin
team with no solicitor/legal work specific to the case.
1o) Abuse of process - issuing two claims for matters that turn on exact facts
1p) Misleading statements in the pre-action letters about CCJs

Any denial of bad practice and unreasonable behavior by the Claimant is just that, not fact
as I have evidenced to the court. Based on the above the Defendant is seeking their costs
(CPR Rule 27.14(2g) on an indemnity basis due to the unreasonable behavior. Please see
below a breakdown of costs.


DEFENDANT'S SCHEDULE OF COSTS!

Costs for Claimant's unreasonable behavior, pursuant to Civil Procedure Rule
27.14(2)(g)!
Time spent on documents
Reading:
1. Statement of Claim form: 60 minutes. 1 hour
2. C's Directions Questionnaire: 30 minutes . 0.5 hour
3. Court order (allocation and timetable): 30 minutes . 0.5 hour
4. BPA Code of Practice: 4 hours
5 4 letters from Claimant’s solicitors, BWLegal,: 30 minutes . 0.5 hour
6. Schedule 4 of Protection of Freedom Act 2012: 4 hours
7. Civil Procedure Rules Part 27: 4 hours
8. Practice Direction 27: 4 hours
9. Civil Procedure Rules Part 31: 4 hours
10. Court cases:
a) ParkingEye Limited v Beavis [2015] UKSC 67. 2 hours
b) Ladak v DRC Locums UKEAT/0488/13/LA 2 hour
c) UKPC v Masterson [2016] B6QZ4H3R 2 hour
d) Memon v TNT UK Ltd (2009) 1 hour

Total: 29.5 hours

Drafting:

1. Acknowledgment of Service Form: 30 minutes. 0.5 hour
2. Statement of Defence: 3 hours
3. Directions Questionnaire: 30 minutes. 0.5 hour
4. Witness Statement. 6.5 hours
5. Schedule of Costs 1 hours
6. Other work done on documents like Printing & organizing: 2 hours

Total: 13.5 hours

Total hours costs, from the above: 43 hours at £19 per hour = £817
Printing of statement of defence and Witness Statement. Estimate £25.
Loss of earning due to booked day off to attend court hearing at 02 August 2019 = £95

TOTAL COSTS CLAIMED = £937

What you need to do is present your self with proof of ALL your costs, and proof of all the things you said they did...

Plus a wage slip as proof of your loss of earnings for the hearing, and travel/parking.

You did EXACTLY as advised, and set it out brilliantly, and have decent Judges there!

beamerguy

I think C-m we both think the same ?

mixMZ

I have already read that case where DJ Grand was involved and I know it may look quite optimistic, but ...

If it was that simple, Judge could vary order and finish those cases without the hearing and for some reasons did choose not to do so, therefore I imagine some questioning will take place before He agrees with presented schedule of costs.

I am very determined about this and don’t want to disappoint anyone who already put some effort in helping me with the whole process.

I want to prepare myself best I can but there is a signifant difference in preparing documents that looks good and being able to respond promptly to any direct questions - as mentioned before English is my second language and it for sure will be stressful time for me ,therefore any advice what can I expect or what should I concentrate on most would be very helpful.

Couple points to clarify:

"present your self with proof of ALL your costs"

How should I understand that, how can I prove it?
I haven’t been recording myself while reading and preparing all that stuff

"proof of all the things you said they did"

Do you mean all the points i listed as 1a-1p ?
I thought I cannot present to judge anything more than already been attached to the case like: evidence within WS
I didn’t include any pre court papers, emails etc therefore it may be very tricky to prove every single point now...

Glen_P

Sorry I didn't realise. I have deleted the entire post.

Glen_P

Apologies. Have deleted the entire post.