Premier Park CCMC

Gecko63

Redx wrote: »

no , leave this thread in place and add a summary of where you are up to in your next reply, plus any questions you may have

court costs are limited as this is the small claims court so a typical loss is £100 parking charge and about £80 in court costs, anthing costs over that are objected to as "double recovery" or "an abuse of process"

£189.32p was the total sum claimed, including court costs , it says so on your claim form

stick to using this thread and dont assume that everyone is benign , cxheck their post count and the number of thanks they have received and length of time they have been here. you will soon spot the "genuine regulars"

Yes the claim form stipulates a £35 court fee, is there any risk of receiving further court fees when taken to trail? Or is this just a one off fee for a small claim? I’m trying to find the answers myself but seem to get conflicting information for different websites...

I will start drafting my defence today and post something up when I have something.

Redx

perhaps you should stop making assumptions based on facts that you are not aware of

their claim has the charges on it which are in the correct ballpark

if they win they are entitled to claim certain fees , court fees are one of them, but costs are capped and there is a whole set of rules that govern those charges

you already know what they are claiming and why, so that is their figure and the costs breakdown details what those charges are, it says so on the form you showed us. you may be able to object to the £50 legal fee for preparation of documents, but not any court claim charges (assuming you lost in court)

not sure why you are getting hung up on charges when the total claimed is written on the document in front of you, they are asking for the parking charge plus the court costs they are to pay or have paid


if you win , you pay nothing and can claim up to £95 and parking and transport etc

Umkomaas

I’m trying to find the answers myself but seem to get conflicting information for different websites.

Where are the conflicting pieces of information please? We'll have a look at them and advise which we think is correct. We are not a legal site and often any advice we give has to be researched by us before we offer it.

For example, we see very few cases emanating via Salford, and it's clear they have a different court fee structure to MCOL via Northampton - advice relating to Salford cannot simply be based on Northampton knowledge.

So, if we can have the websites, we'll advise accordingly.

Redx

frankly, at this stage I dont think I would be dissecting the court fee structure too closely, I would be constructing my legal defence based on legal arguments and starting with the concise defence by member BARGEPOLE once I have done the AOS online by email or by post

WelshGoblin

Umkomaas wrote: »

Well, how wrong could I be? 2-3 weeks? He didn't even last 24 hours. Completely disappeared. Lord Lucan rides again!.

I obviously can't say whether Saints was a PPC or not, how would any of us know? However, some of his points seemed correct to me and in line with my experience of losing a case in court and of the advice given on this forum.

At the risk of also being shot down or similarly accused, whilst there is some very good advice on this forum, I don't see balanced advice or anyone ever say "you may be in the wrong" or "I'd look to settle." This concerns me as not even PPCs can get every single case wrong whatever we may think of them.

I'll take one specific example of Saints where he argued PPCs don't send DQs to intimidate but because they are ordered by the court. Whatever motives we may assign to him, he is right, the court orders both sides to serve the DQ on the other and they are standard forms.

To answer the specific points on charges, my understanding is that the PPC will have to pay a hearing fee (around £25) and, if they get a judgement , can also ask for fixed costs on the entry of that judgement (max £175) which is in addition to the figures on the claim form. I don't know how willing the courts are to include the larger fixed costs, although they did in my case, but the additional hearing fee is pretty much a given as it is reimbursing a court cost. As such I can't agree with RedX, I think you are right to consider the full potential costs before deciding on any route but make sure you comply with the courts timetable whatever you decide on.

nosferatu1001

Youre wrong, WelshGoblin
People are told to be pragmatic often.
Youre also wrong about the DQs. Gladstones send their N159 version specificaly TO intimidate and/or trick an unsuspecting consumer into getting a paper hearing and being massively disadvantaged. Its worded to make it appear that te consumer, exercisign their RIGHT to a local court, might suddenly find theyre at risk of costs - something GS *knows* is a lie.

So you are wrong.

Twice now

They cannot ask for ANY fixed costs, as the individuals involved have not made any loss. They are salaried or specifically paid to attend, and CPR27.14 states neither side gets costs other than specific ones.

The total cost is no more than £200 on an average claim. If you gto hit for more costs, you failed the court attitude test, clearly.

KeithP

WelshGoblin wrote: »

I'll take one specific example of Saints where he argued PPCs don't send DQs to intimidate but because they are ordered by the court. Whatever motives we may assign to him, he is right, the court orders both sides to serve the DQ on the other and they are standard forms.

Yes, you and Saints are both right. The Claimant is obliged to send a copy of their DQ to the Defendant.

But how can you explain the letter that comes with it:

"Please find enclosed a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request".

"which will be filed"??

Clearly they are not sending a copy of the DQ filed at court, are they?

Pure intimidation.