EXCEL paid tariff but did not issue ticket

Keith_S

I am back from holiday and getting ready for court on the 26th.

Thanks for that superb 22c paragraph COUPON-MAD, it came too late for the WS but I presume I can use it in a skeleton. Do you advise sending one.

I have done a costs schedule for £80 including time off work and travel.
I have added £72 for Claimants unreasonable behavior as per the template, is this ok?
Should I send the Claimant a high costs schedule around £500 (as per Loadsofchildren) in the hope of a discontinuance or is this unwise?

I checked with Moneyclaim and there is no mention of either partys WS, but I know how backed up admin are at that court.

KeithP

Keith_S wrote: »

I checked with Moneyclaim and there is no mention of either partys WS, but I know how backed up admin are at that court.

Once a Claim is assigned to a hearing court, the County Court Business Centre and MCOL no longer plays any part.

beamerguy

This £60 debt recovery fee was NEVER paid to any debt collector

Assume the droids who chased you were DRP.

You may be asked ... "how do you know" ?

DRP offer a "‘no collection, no fee service" ... As they did not collect, there is no fee to the PPC

http://www.debtrecoveryplus.co.uk/pcn-collection/

=======================================

THE £60 SCAM FEE >>>>> ABUSE OF PROCESS

Read this case and point to judge to
Claim number is F0DP201T District Judge Taylor
Southampton Court, 10th June 2019

https://forums.moneysavingexpert.com/discussion/comment/75930070#Comment_75930070

Coupon-mad

I checked with Moneyclaim and there is no mention of either partys WS, but I know how backed up admin are at that court.

As long as you sent your WS to the local court, not the CCBC, then it's fine as MCOL is only in play at the start, for automated filing of the claim & defence & allocating it out to a local court.

Thanks for that superb 22c paragraph COUPON-MAD, it came too late for the WS but I presume I can use it in a skeleton. Do you advise sending one.

Yes in your case. They've shot their toes off & it might make them discontinue.

I have done a costs schedule for £80 including time off work and travel.
I have added £72 for Claimants unreasonable behavior as per the template, is this ok?
Should I send the Claimant a high costs schedule around £500 (as per Loadsofchildren) in the hope of a discontinuance or is this unwise?

Not unwise, and I think more people should. You could send it with your Skeleton Argument. See here for how to write it:

https://forums.moneysavingexpert.com/discussion/6001157/ukcpm-gladstoned

Maybe keep it in the mid hundreds like Justica - they got over £700. You must also rehearse & have a crib sheet ready for if you win, when the Judge grumbles that 'costs on the indemnity basis' are rare and only for cases where the Claimant has been wholly unreasonable.

Yes indeed Sir (or Madam) {you say} and then you clear your throat, and confidently read out your list of unreasonable conduct like Justica's!

Keith_S

CHALK UP ANOTHER WIN FOR THIS BOARD

Today I went to Wakefield court and the judge found in my favour and awarding my costs.
Thanks to you all for your help.

I filed my skeleton and costs schedule late and the copy sent to Excel actually bounced.

A very polite young lady called Kapa Rameza introduced herself as a solicitors agent hired to represent Excel and said that Thanvirul Hoque (who wrote their WS) would not be coming.

The hearing started at 11:40 with Judge Robinson and he proceeded to go through both bundles very slowly and asked questions of us both. He repeated himself over and over. Kapa spouted the same thing about my not having paid and got a ticket in response to just about everything and was constantly typing on her laptop all the way through. I thought it might be her resumè.

At that point there was a knock on the door and the judge looked very surprised and called to enter. The clerk came in and handed the judge my skeleton and costs schedule. The judge exclaimed in surprise "£17,000 cannot be right. Oh, that's for another case" he tore that cost schedule away from mine and filed it. Nothing else was said on that matter.

I pointed the judge to the 2 confusing and conflicting signs provided by the Claimant, one saying the carpark was run by Excel and the other says VCS. Kapa could not explain this.

I brought up that Excel had not produced their contract in court. Only a self written WS about their having a lease. I then pointed out that their WS stated that Excel (Client) had appointed the Claimant to manage the car park. Therefore the Claimant must be VCS so why is Excel bringing the claim. That caused a bit of a stir.

After a very long summing up the judge said he found me to be an honest and credible witness who had maintained the same, first-hand account all through the process about having paid the tariff and that the claimants evidence was solely an unsigned and unverified PDT machine printout. Their WS was a second-hand account and with all the inconsistencies bore no weight in his judgement.

He dismissed the case and asked if there was anything else. I said "you have my cost schedule, I would of course prefer the £17,000 but I would accept the more modest sum on my schedule".

Kapa tried to ague the costs about a full days earnings and said a half day was more acceptable. The judge looked as though he might cave in to that, so I pointed him to the clock on the wall which by now said 1:40pm and asked "which half of the day would you suggest?" He awarded my full day plus travel and parking to be paid within 21 days. He said the costs for unreasonable behaviour would not be awarded as he felt it had not crossed the line.

Once again, thank you all and in particular Coupon-Mad for that brilliant paragraph and her pointing out to me the 2 conflicting signs. I would never have spotted VCS in the small print.

I WON!!!!!!!

nosferatu1001

Yikes, so even with them being caught lying that wasnt unreasonable?
Bloody hell

WEll done on the win!

Umkomaas

Great win. :T And to save Coupon-mad a bit of typing .....

Another One Bites the Dust

beamerguy

Well done Keith_S:beer:

Amazing that Excel v VCS are still confused who they are ?:rotfl:

At least they lost the case all by themselves with no help from the legals they used before

The_Deep

You can always send the PPC a letter before claim, it will cost you nothing unless you do take them to court.

https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim?msclkid=f66f1206524613f06d7d4f1227c5ccfd&utm_source=bing&utm_medium=cpc&utm_campaign=**Consumer%20Rights-Letter%20Templates-Broad&utm_term=%2Bletter%20%2Bbefore%20%2Bclaim%20%2Btemplate&utm_content=letter%20before%20claim%20template

Also complain to your MP, and Trading Standards, they have wasted your rime, now waste theirs.

Coupon-mad

Umkomaas wrote: »

Great win. :T And to save Coupon-mad a bit of typing .....

Another One Bites the Dust

Yay! Just caught up with this win!

Well done to the OP, on turning up and fighting their corner successfully.