Britannia/BW Legal Claim Form

Umkomaas

They can legitimately claim court filing and hearing fees (£25 each) and £50 legal fees, if incurred.

jackpot_spaniel

They can legitimately claim court filing and hearing fees (£25 each) and £50 legal fees, if incurred.

But CPR 27.14 says:

(2) The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except –
...
(b) in proceedings which included a claim for an injunction or an order for specific performance a sum not exceeding the amount specified in Practice Direction 27 for legal advice and assistance relating to that claim;

And that's the only mention of legal fees... I've also clarified on the internet and everywhere says legal fees cannot be claimed on the small claims track...

Redx

Bargepole wrote the fees allowed on here some time ago

What Umkomaas wrote above is a short summary and he is correct , which is why we know that any sum claimed above £200 has hidden unwarranted charges in it

Parking Eye usually charge around £175 in their claims because they do their own legal work , so that is the benchmark

The claimant can claim the original charge , usually £100 , plus the 2 filing fees , plus interest if allowed , they must prove they incurred legal fees in their costs schedule and the maximum is £50 , as mentioned above

I suggest you read what bargepole wrote some time ago , plus Umkomaas has mentioned the allowed charges numerous times too

What they cannot charge for is say £200 to cover their legal reps costs , even though those people ask for it at hearings

jackpot_spaniel

Thanks for clarifying, however, I'm very confused as to why this is not clearly stated within the CPR, or anywhere else 'official' that I can find...

Umkomaas

jackpot_spaniel wrote: »

Thanks for clarifying, however, I'm very confused as to why this is not clearly stated within the CPR, or anywhere else 'official' that I can find...

https://www.moneyclaimsuk.co.uk/litigant-in-person-costs-and-expenses.aspx

Coupon-mad

I'm not legally qualified but isn't it here, where table shows £50 applies:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs

Umkomaas

Coupon-mad wrote: »

I'm not legally qualified but isn't it here, where table shows £50 applies:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs

Yep, which is from where the advice on the MCOL website I've linked is lifted.

beamerguy

jackpot_spaniel wrote: »

Thanks for clarifying, however, I'm very confused as to why this is not clearly stated within the CPR, or anywhere else 'official' that I can find...

jackpot, is this in Reading tomorrow, if so PM me, thanks

jackpot_spaniel

It's a WIN! But not how I expected at all...

We basically debated the following point of my Witness Statement for two hours:

Section 9 of Schedule 4 of the POFA details the explicit requirements of a Notice to Keeper, including the timeline that must be given. Section 9(2)(f) requires the Parking Charge Notice (PCN) to: “warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given…” However, the Claimant’s PCN notes that: “You are warned that if, after 28 days, the Parking Charge has not been paid in full…” Therefore, the Claimant’s PCN is not compliant with Section 9(2)(f) of the POFA, and misleads the consumer about the statutory timeline. Indeed, the Claimant notes within their PCN that their right to pursue the Keeper is “subject to our complying with the applicable conditions under Schedule 4 of” the POFA.

The judge approached it from many angles, but the overall decision was that the PCN was non-compliant with the specifics of the POFA, which clearly states "The notice must..."

Permission to appeal was denied by the judge, but I'll have to wait 28 days to see if Britannia do want to appeal it.

I was awarded my ordinary costs, but not the 'unreasonable' costs.

Happy weekend all!

Le_Kirk

Two hours to convince a judge of something that is LAW. Blimey, anyway well done on the win.