Potential costs if you lose a court case

xxedrushxx

Hi there

So, I checked the newbies thread and the only mention of costs regarding court case costs are in post #2

"You will likely pay less than is being demanded even if you lose, all over with no effect on your credit rating - you will have cost THEM more."

However, is it possible to supplement that information with examples and with data to back that up? I have nothing but gratitude for the amount of effort gone into creating all of this information, but if I am being advised to ignore demands for money until it goes to court, I would like to know what is the potential cost implications of losing and decide my own risk appetite (even if its possible to win 99% of the time)

So is it possible to give

1. An example of what you could lose, lets say if you were being asked for £160 from an original charge of £100
2. Are there any facts or links to cases where this has been shown (rather than hearsay)

Again, totally appreciate the effort, just to add this as supplementary

thanks

bargepole

The fake 'add on' of £60 to the original £100 should not be recoverable, as it contravenes the provisions of POFA 2012 at Section 4(5), which says that only the sum stated on the NTK can be recovered.

Some Judges will agree with this argument, others won't, such is the lottery of small claims hearings.

So if you lose, the most you should have to pay is the original £100 + Court Issue Fee £25 + Hearing Fee £25 + Solicitor cost £50, total £200 for a single ticket case.

The other side may also apply for further costs for unreasonable behaviour, but that is a high bar, and only applies if you have failed to comply with court orders, such as not meeting deadline dates.

The so-called 99% win rate is a myth. Those of us who regularly represent defendants in such cases know that the true figure is closer to 75-80%.

beamerguy

On this forum there is no hearsay.

To list all cases that fall into the 99% category would be impossible , there are so many.

So is it possible to give

1. An example of what you could lose, lets say if you were being asked for £160 from an original charge of £100
2. Are there any facts or links to cases where this has been shown (rather than hearsay)

Everyone can use the search facility
So you mention £160 and a search displays many cases where this inflated charge is shown. Some of the cases will be ongoing, others will be won or lost, mostly won.

You will also discover what real court claims should read and those that are fake

I'll start you off with some true facts
https://forums.moneysavingexpert.com/discussion/6014081

Snakes_Belly

I had to pay the original cost of the parking (parking tariff for the day). No costs were allowed for either party.

I would recommend that however small the amount of the judgement that you send evidence to the court that you have paid the judgement within the 30 days. You are unlikely to get a receipt from the PPC. I obtained a letter from my bank and a copy of the cleared cheque.

waamo

If you look at the first couple of pages on this board you are likely to see an answer to question 2. About half the posts here are about court cases.

Just find a completed case and see what happened.

Another minor point to note is that a ppc will nearly always be represented by a legal professional in a court claim. This cost generally can't be recovered. Even a cheap solicitor is going to charge a decent wedge for appearing in court on your behalf.

Snakes_Belly

Courts allow up to three hours for these cases yet sometimes dismiss them within 10 minutes. The barrister/solicitor still has to be paid for the time allocated on the court paperwork.

My case was initially given a one hour slot which was rescheduled to a two hour slot.

Ombudsman appeals will still be expensive for the PPC's if it is similar to the banking ombudsman. No cost though for the motorist.

xxedrushxx

bargepole wrote: »

So if you lose, the most you should have to pay is the original £100 + Court Issue Fee £25 + Hearing Fee £25 + Solicitor cost £50, total £200 for a single ticket case.

So, essentially there is not much downside (£40) to allow it to go as far as court? Whats to stop the PPC solicitor from charging £200 for their fees?

beamerguy wrote: »

Everyone can use the search facility
So you mention £160 and a search displays many cases where this inflated charge is shown. Some of the cases will be ongoing, others will be won or lost, mostly won.

I'll start you off with some true facts
https://forums.moneysavingexpert.com/discussion/6014081

Thanks for the link, its useful. I will try and make better use of the search to find LOST cases (can see there is plenty of info about WON cases). My point still stands that it would be great to spell out in the newbies thread what the maximum and\or average you could financially lose in this case

Snakes_Belly wrote: »

I had to pay the original cost of the parking (parking tariff for the day). No costs were allowed for either party..

Great result then if thats the case

twhitehousescat

So, essentially there is not much downside (£40) to allow it to go as far as court? Whats to stop the PPC solicitor from charging £200 for their fees?

the solisitor can charge what he wants , however there is a maximum YOU will or can be charged , thats £50

so in many cases , court cases are a "lost leader" for the PPC , who are hoping people will cough up at the court paper stage

if you do cough up , you will be conned , ad there charges will inc solisitors , who have not even been engaged for your case

waamo

xxedrushxx wrote: »

So, essentially there is not much downside (£40) to allow it to go as far as court? Whats to stop the PPC solicitor from charging £200 for their fees?

The whole idea of the small claims track is to discourage the use of solicitors. Costs are rarely awarded, legal costs even more so.

Snakes_Belly

xxedrushxx wrote: »

Great result then if thats the case

It is a lottery as judges will interpret the law in different ways. Some judges do not like the parking companies as they are wasting court time to pursue spurious claims.

Snakes_Belly

Whats to stop the PPC solicitor from charging £200 for their fees?

In my second hearing (first was rescheduled) the cost of the barrister was £250.00. He tried to claim that but the judge said 'no costs'. What happened in my case was that the judge put the situation back to what would have happened on the day if I had been able to pay (machine was not working). He thought that it should have been sorted out.

I don't think that all judges realise just how aggressive these parking companies are.