Increasing Counterclaim Amount After Payment

JohnDoe42

If a fee has been paid for a claim between £500-£1000, but the hours added up are more, can I claim for more? Or can claim for more but only be awarded the maximum of my banding? Or would my counterclaim be thrown out for being over the banding?

waamo

What are you counterclaiming for? Hours makes it sound like the time you've spent defending. If it is you shouldn't be counterclaiming for that. Time and expenses goes in a cost schedule that you submit around the time of your witness statement.

There is no fee to claim for costs but they aren't always awarded.

BrownTrout

You cant counter claim for that. Your claim will be dismissed
What a waste of money

JohnDoe42

Yes I am at Witness Statement stage. Time and expenses as part of the cost schedule is what I was thinking of I believe.



You'll have to excuse any mistakes perhaps in my use of incorrect language as I am not legally trained, just trying to do my best with the limited time I have to defend my parking ticket and counterclaim for the time, stress, anxiety and harrassment its caused me accordingly.


Thank you for your prompt responses.

Redx

Advice deleted , see the obnoxious patronising reply below

Most of us here have no legal training either, but we do research well and read many threads too

BrownTrout

being chased for a parking ticket is not classed as harrasment

Half_way

Any costs/claims you make should be reasonable, an justifiable and accountable for.
You shouldn't be looking at this as an exercise to make money, more as a means to put things right.

Keep it reasonable, show things like a logged timesheet/expenses with receipts etc
If you keep things reasonable then you will have a better chance of success

JohnDoe42

Redx thanks for pointing that out.


I used this link as my reference, in particular to #7...this link mentions a lot about time (which I have spent on my Witness Statement), so I'm unsure where I have made my mistake.

"Maxing Out The Counterclaim"

https://forums.moneysavingexpert.com/discussion/5723229


With regard to your comment;

Most of us here have no legal training either, but we do research well and read many threads too

Each time I use this forum I get great information, but there is always someone trying to point out that I've not done enough work, or research, or I'm being lazy in some way. I have looked, I didn't find it, so I posted, Would be be so hard just maybe answer and leave it at that, without the condesending "look first" attitude? We probably lead different lifestyles, I don't have a presence on this site. I can see you have nearly 25,000 posts, I have about 5. Thats great you're active here and you're likely a great asset to the MSE community, I applaud you, but there's no need for subtle patronisation as part of your response to users who come here less.


**Advice still received with thanks despite patronising comment and forum member deleting original advice in retaliation to being called out for rudeness.

JohnDoe42

Halfway, my main issue has been the time that I have spent preparing the Witness Statement and researching cases, so yes not looking to make money but genuinely looking to claim back the time I have spend which I believe is set at a rate of £19 per hour.


I wasn't aware that the Counterclaim and these costs were 2 separate things, so thank you for the information.

waamo

This thread needs merging with your original thread so we can get a better idea of the background. Having multiple threads open is never a good idea.

Would you PM a board guide and ask them to merge please? The board guides list can be found at the bottom of the page.

JohnDoe42

Waamo, I don't want to merge them, I wanted an answer on this particular question. With respect, nobody answered my several bumps on that thread when I had further questions and I needed this answered quickly.