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Court Claim form - VCS

13

Comments

  • Teddy321
    Teddy321 Posts: 18 Forumite
    Fourth Anniversary 10 Posts Combo Breaker
    Hi Coupon-Mad


    What i mean is, VCS is claiming the following
    Amount claimed - £160
    Court fee - £25
    Legal rep costs - £0
    Total amount - £185


    So my point was my interpretation of CPR 44 relates to disproportionate legal costs of which there are £0, not to the disproportionate amount claimed for the parking fine
  • Coupon-mad
    Coupon-mad Posts: 155,452 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    But if VCS send a rep they will want to claim the rep's costs if you lose so maybe it's worth mentioning anyway to set the scene?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Teddy321
    Teddy321 Posts: 18 Forumite
    Fourth Anniversary 10 Posts Combo Breaker
    update- filed my Defence last week and have now received the Directions Questionnaire and have unitl 20th May to respond
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Teddy321 wrote: »
    update- filed my Defence last week and have now received the Directions Questionnaire and have until 20th May to respond
    Then re-read item #8 in the list in post #5 above.
  • Teddy321
    Teddy321 Posts: 18 Forumite
    Fourth Anniversary 10 Posts Combo Breaker
    Hi all, as an update, i've now received a Court date- Liverpool County court in mid Septemeber.


    would the next step be a witness statement?


    Whats the success rate at this court?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes, Witness Statement and evidence is next.

    You also have a date that it is due by. Do not miss that deadline.
  • Teddy321
    Teddy321 Posts: 18 Forumite
    Fourth Anniversary 10 Posts Combo Breaker
    Thanks for your response


    I' not sure i fully understand how the witness statement would differ to the defence


    Could anybody explain further?
  • Coupon-mad
    Coupon-mad Posts: 155,452 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    We have no time to repeat such basics that apply to every case.

    This is already explained in detail, with examples, in the NEWBIES thread.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Teddy321
    Teddy321 Posts: 18 Forumite
    Fourth Anniversary 10 Posts Combo Breaker
    okay thanks.


    Out of interest, do you think it would be worth making a Part 36 offer of £101.00 now, open for 21 days.


    Then if it does go to Court and they are indeed awarded the original £100 they would owe me all of my costs on an indemnity basis from the expiry of the offer, even if they are successful (including all my work in preparing witness evidence etc and fees for the day)



    (if my understanding of a Part 36 offer is correct)
  • Coupon-mad
    Coupon-mad Posts: 155,452 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I am not legally trained but hmmm, you may have a point:

    https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part36#36.17
    Costs consequences following judgment
    36.17

    (3) Subject to paragraphs (7) and (8), where paragraph (1)(a) applies, the court must, unless it considers it unjust to do so, order that the defendant is entitled to—

    (a) costs (including any recoverable pre-action costs) from the date on which the relevant period expired; and

    (b) interest on those costs.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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