County Court Claim Received - Daughter was the Driver

Old_Bird_65

SCHEDULE OF COSTS

In The County Court at Lewes, The Law Courts, High Street, Lewes, BN7 1YB

Claim Number: *******

 Parties                       

 Civil Enforcement Limited                           Claimant

 ********                                                           Defendant

 

 

DEFENDANT’S SCHEDULE OF COSTS

 

Ordinary Costs

 

a)       One half day loss of earnings for attending hearing:                                                          £ 50.00

b)       Half day parking in Lewes:                                                                                                  £  5.00

 

 

Further costs for Claimant's unreasonable behaviour,

pursuant to Civil Procedure Rule 27.14(2)(g)

1.       Litigant in Person cost of research, preparation & drafting 

of documents (19 hours at £15 per hour):                                                                                £285.00

Preparing and submitting of appeals:                                    2 hours

Writing to landowner and MP:                                               1 hour

Researching phone records & other facts:                            1 hour

Reading pre-court letters and researching

the issues at the earliest stage:                                             3 hours
Reading LBC & related paperwork:                                       1 hour

Investigating procedures & registering for MCOL:                1 hour
Researching, preparing, scanning & submitting defence:    4 hours
Preparing, researching, printing of my witness statement    4 hours
Preparing, researching and gathering, then printing

of my evidence exhibits:                                                      2 hours

 

2.       Stationary, copying and printing:                                                                         £  5.00

 

                                                                                                                                      ______

                                                                                 Total Costs Claimed:                   £345.00

                                                                                                                                      ______

Old_Bird_65

I have to admit to spending waaaay more hours in research, but I couldn't possibly claim all that! 

Redx

Your SAR should have extracted all documents including any PCN

The first postal notice PCN should be the NTK , even if it doesn't say so , so check your paperwork , do not assume , check the facts

If the first postal notice was a reminder or debt letter , it's not an NTK and likely fails POFA

This is a moot point if a driver has been outed , because POFA only protects the keeper and that initial keeper PCN is crucial if defending as a keeper and not a driver

Old_Bird_65

They did include a PCN in their evidence for the POPLA appeal, but I never received it until I requested a SAR. I'll try and post the 1st letter I got from C.E.L., although I now realise that when POPLA said the NTK conformed to regulations, they were referring to the PCN that CEL sent them as evidence. Doh!

Old_Bird_65

It wouldn't let me copy and paste, so I've attached it

Redx

that is a reminder letter, not an NTK ,its dated over a month later and is a reminder about a previous NTK

I thought you were posting the NTK they submitted to popla ?

its important that you understand the differences and what should have arrived and when

Old_Bird_65

Okay, I think this is a fairly standard PCN. Do they need to provide evidence of posting in order to try and prove I received it?

Redx

the first one needs a bit of redacting so remove it and replace it

you can put them to proof of posting as part of your defence, but I doubt its a deal breaker because the dates are on that NTK and they post loads of pcn,s out, but POFA does state it must arrive within 14 days for a keeper to be protected

a judge will decide on balance , so law of probability , providing the details are correct

Old_Bird_65

oops! I thought you meant the first letter I posted, so i deleted that. Okay, will re-attach both of them.

Old_Bird_65

Oh dear! So you think the judge may rule on the basis that CEL sent the PCN according to requirements, even if they can't prove it?