UKPPO - CCJ Set Aside, now time to defend!

KeithP

golfdriver wrote: »

Would I also be expected to refer to them in the WS too?

Yes. Otherwise it is just a random piece of paper with no context.

In my opinion, it is pointless having anything in your bundle that is not referred in your Witness Statement.

golfdriver

So I got my Witness Statement and Evidence together and submitted in time. Now, with just three days to go before the hearing, the claimant's solicitor has been in a touch with a "drop hands" settlement offer.

Am I right to assume that this means they think they are unlikely to win?

To summarise the case for anyone new to it ...

• I parked my car for ~10 hours in residents' parking but forgot to display my permit.
• A PCN was put on the car at about 10PM, then at 6AM another agent came along, removed the first PCN and applied a second PCN (all supported by their photos)
• I paid the 2nd PCN within 14 days.
• Weeks later I received an NTK for the first PCN which appealed and lost.
• I heard nothing more for 18 months and moved house.
• 2.5 years later they issue a claim which I was unaware of and get a default judgement
• 3 years later I get the initial judgement set aside and set about defending it

I'm currently out-of-pocket to the tune of £255 for the set aside, plus many hours of time spent preparing my defence, witness statement, evidence, etc. If I accept this offer I won't see anything back.

On the other hand would a judge look dimly on me rejecting this offer?

Any thoughts?

Le_Kirk

Only you can calculate if you are going to be in or out of pocket. Has the CCJ actually been set aside?

golfdriver

Le_Kirk wrote: »

Only you can calculate if you are going to be in or out of pocket. Has the CCJ actually been set aside?

Yes, CCJ was set aside earlier this year and now just a few days away from the claim being heard in court.

I'm already out-of-pocket £255 for the set aside.

Coupon-mad

What you describe with these 2 PCNs is wholly unreasonable conduct and I really hope you've sent the C and the Judge your costs schedule including that £255?

If not, file & serve it TODAY. The last thing you want is last minute discontinuance when you have not filed & served a costs schedule to get a foot in the door to get the £255 back. You really want the claim heard as the case is very winnable.

Did the Judge at the earlier hearing say your costs were 'reserved'? Hope so.

I really wish you had not paid that 2nd PCN though, very sad you were scammed. Remember that when drawing up your costs and include about 20 hours of reading & research at the LiP rate of £19 per hour, and write out a crib sheet of the ways in which the C's conduct has been 'wholly unreasonable' in this litigation.

golfdriver

Coupon-mad wrote: »

What you describe with these 2 PCNs is wholly unreasonable conduct and I really hope you've sent the C and the Judge your costs schedule including that £255?

If not, file & serve it TODAY. The last thing you want is last minute discontinuance when you have not filed & served a costs schedule to get a foot in the door to get the £255 back. You really want the claim heard as the case is very winnable.

I filed a Draft Costs Schedule with my Witness Statement and Evidence, and yes, this included the £255 set-aside cost, plus (a conservative) 8 hours of time, half day's leave from work, stationery and travel costs. This was also sent to the claimant's solicitor.

It was my intention to file a final Costs Schedule along with a Skeleton Argument tomorrow morning with 24 hours to go before the hearing.

Coupon-mad wrote: »

Did the Judge at the earlier hearing say your costs were 'reserved'? Hope so.

The judgement was "no order as to costs", however I don't believe this necessarily bars me from claiming this as a cost given that the matter should never have proceeded to litigation in the first place?

Coupon-mad wrote: »

I really wish you had not paid that 2nd PCN though, very sad you were scammed. Remember that when drawing up your costs and include about 20 hours of reading & research at the LiP rate of £19 per hour, and write out a crib sheet of the ways in which the C's conduct has been 'wholly unreasonable' in this litigation.

My intention is to highlight the unreasonable behavior as part of the Skeleton Argument with a view to giving the judge plenty of material to support a a punitive costs order. I'll also take soe reading notes with me on the day to ensure I don't miss anything.

And yes, with the benefit of hindsight, and all I have learned since I began fighting this, I might not have paid that first PCN so willingly ...

The_Deep

If the judge does not award your costs, (some judges take an unreasonable view of "unreasonable"), consider entering a claim against the PPC yourself. Everything you need to know is here.

https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim

golfdriver

With 20 hours to go before the hearing Gladstones have just sent notice of discontinuance.

I like to think my carefully crafted Skeleton Argument and Schedule of Costs tipped the balance, but i suspect they knew they weren't going to proceed some time ago.

As much as I resent them having left it to the last minute and the massive amount of work and stress this has caused me, I feel a massive weight off my shoulders in not having to go to court tomorrow.

Now to figure out how I go about claiming my costs ...

Coupon-mad

Hmmm, ring the court and ask if they've had the same and if not please tell them to keep the hearing listed as you will be attending and would be grateful if the Judge would hear your costs application, given the unreasonable conduct and last minute discontinuance, when you have booked time off and spent £255 in fees and more.

Go anyway but get the court staff to keep it listed as a costs hearing.

Make that phone call now - it might earn you a 3 figure sum you will not otherwise get.

Then go along to the hearing - if it's not listed then repeat the above about asking for the Judge to see you for your costs - and sing for your supper!

DO NOT BE TURNED AWAY.

You are HIGHLY UNLIKELY to get any costs at all if you do not get to see the Judge.

nosferatu1001

Discontinuing within 7 days of the hearing is unreasonable
Youve already incurred your costs
DOnt let the judge go "no costs on small claims" as they CAN do so when the discon. was under 7 days - the usual rule of no costs doesnt apply when one sides behaved this badly.