Help! Have followed advice so far...but worried

Umkomaas

With your cost assessment to the court, add a copy of a payslip to prove salary level. 

Fruitcake

I know you have had a lot of help but that does not detract from the excellent work you have done in researching, learning, and processing the information.

Well done.

Please come back to the forum in about one to two weeks as we hope that the new mandatory code of practice will be available for public consultation. We need as many people as possible to comment on it, so please get your friends and family involved as well.

Lotuslady

Hiya Nosferatu1001,  have only managed to find a few costs assessments.. don’t quite understand the splitting into 2... bit..

Have spent most of the last 2 and a half days just doing this bit (WS).. plus quite a few hours sat and sun before, plus all research before that leading up to this point... realise am prob unlikely to get anywhere near this amount.. as up until this WS point (not including emails back and forth trying to negotiate with Gladstones recently I spent 25 hours (from point of Appeal re PCN)

Not really sure I understand what bit goes in 2nd section...  
I get that a 1st section is all costs from LBC stage onwards research printing etc and prep of all..

Can I include anything from Appeal of PCN prior to this.. and point out videos and photos had to be done whilst visiting family in the same county some 247 miles away.

I work in a low paid job currently, have been unable to spend time promoting myself and getting my business ready for clients in my self employed work, online and in person partly due to this and also PTSD whilst this has been ongoing - though this was sorted back in December 2019 (hard to prove my income from this though, although much better paid than current min wage job which is only part-time as a key worker)
Any help gladly appreciated  here as haven’t found anything split in 2 as yet,

Lotuslady

Thanks Fruitcake for your praise, much appreciated, will def check back in in a few weeks re new mandatory code of practice.. May even write some more complaint letters when I have a bit more time to get rest of life going again!!

Do I def need to include my salary slip.. as crap hourly rate in employed work!  Used to get a professional wage believe it or not in another lifetime many moons ago...

Fruitcake

Include your salary slip or claim the court defined rate of £19/h as a litigant in person. I'm not sure if the latter can be claimed if the former is the true amount.
Part 1 of costs assessment is for ordinary costs. Hours for research at £X/h, travelling costs to court including parking and lunch, printing, postage, 'phone calls (very small amounts only).
Part 2 is claims for the scammers unreasonable behaviour which doesn't have to be itemised.
Both are covered by the CPR but I'm not familiar which parts are relevant.

I have found something else. 

I wonder if the scammers have complied with section A 8.3 of the DVLA KADOE contract.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/455973/Annex_A_-_KADOE_Fee_Paying_Contract_V4.pdf

A8.3. If the Customer intends to change its company name or its registered office address as recorded at Companies House, or intends to use a different trading name, the Customer’s Commercial Manager shall give the DVLA notice of the change in writing on the Customer’s headed paper.

Also, there is nothing in the contract giving authority to the scammers to commence court claims in their own name.

Lotuslady

Thanks Fruitcake, your a star... done as much as I can for now, but will amend my costs assessment..

Can I add a supplementary WS to include this new important evidence re authority to commence court claims! Will try and look at KADOE for tomorrow..
LiP rate applies @ £19 apparently for amount of time reasonably spent and as far as can see does apply to me and my circumstances... as long as doesn’t exceed 2/3rd rule.. something to do with Solicitors and amount they get paid...

KeithP

Fruitcake said:

Part 1 of costs assessment is for ordinary costs. Hours for research at £X/h, travelling costs to court including parking and lunch, printing, postage, 'phone calls (very small amounts only).
Part 2 is claims for the scammers unreasonable behaviour which doesn't have to be itemised.

@Fruitcake, I thought it was somewhat different, but maybe I'm wrong.

My understanding was that ordinary costs were 
1) up to half a days pay capped at £19/hour for attendance at the hearing,
2) any travel costs, inc parking, incurred on the day of the hearing.

Costs due to the Claimant's unreasonable behaviour can/should include time spent, at a max of £19/hour, in all the preparation work. This should be detailed enough for the court to understand how the costs arose. For example, it would not be enough to say "preparation of the case = £327".
One might though say "researching POFA - 2hrs = £38" and "writing a Defence 4.5hrs = £85.50".

Fruitcake

Keith, you might be right. I'm no eggspurt, and most people only listen to me when I'm wrong. 

Fruitcake

Lotuslady said:

Thanks Fruitcake, your a star... done as much as I can for now, but will amend my costs assessment..

Can I add a supplementary WS to include this new important evidence re authority to commence court claims! Will try and look at KADOE for tomorrow..
LiP rate applies @ £19 apparently for amount of time reasonably spent and as far as can see does apply to me and my circumstances... as long as doesn’t exceed 2/3rd rule.. something to do with Solicitors and amount they get paid...

If you have already submitted your WS, or need to do it asap because of time constrains, then there is nothing stopping you from sending a supplementary WS afterwards.
Start it with something like, New evidence has recently come to my attention concerning this case ... or words to that effect. 

If you have a 'phone hearing then you won't be able to claim for travel costs or anything to do with attending other than loss of earnings. Include a payslip or business accounts if you are self employed.

nosferatu1001

Keith is correct - part 1  is "costs of the hearing" - travel, time off work PAID or UNPAID capped at £95, parking. Nothing more., these costs are always claimable under the CPRs . 
Part 2 is unreasonable behaviour.