PCN escalated to Court proceedings **EDIT - I WON**

Coupon-mad

Yes, that looks fine.  But sign & date it and head it up as I said, and attach proof of your husband's daily rate (anything that shows it - a signed/dated letter from his 'business partner' saying they lose an entire day at £200 if one can't work, due to manual handling requiring two of them and there are no other employees)?

You'll need to re-number your evidence exhibits (sorry!).

Did you read the thread I started today that tells you that the Skipton case went to court this morning and our regular poster and previous court-winning legend, lamilad turned up as lay rep, and achieved a famous victory?

So now we have two compelling refusals by Judges to reinstate struck out claims, all due to the £60 false add-on, and that should make other Judges think when this is stated to them. 

Littlewadie

Thanks,
to be honest I have been going back through my paperwork and re numbering my exhibits and such, then transferring the statement into word on my laptop, so I haven't had chance to look at anything else, but I have now added those extra bits in.
Do I need to print out from 29. the CRA 'Grey List'  for proof or are all the other points you have made just referencing them so they are aware?
With the cost thing, do I just leave it as it is or actually make monetary valuations in there? 

Coupon-mad

You can avoid printing the CRA 2015 grey list as it's statute law and not something you have to exhibit, but if the hearing goes ahead, then print a couple of copies for your own bundle and to help the Judge.

With the cost thing, do I just leave it as it is or actually make monetary valuations in there? 

You need monetary evaluations and a grand total, and you must sign & date it.

Littlewadie

Ok Great I will type one up and post it for inspection.
Many Thanks

Littlewadie

Coupon-mad how does this look? is it a little too much in costs?
Should I put in about the extra cost for damage / hurt feelings with regards to the vento guidelines?
Thanks


In the County Court at  

Claim No.:**********
Between

Premier Park Limited
(Claimant)

-v-

*******************
(Defendant)

DEFENDANT'S SCHEDULE OF COSTS

Ordinary Costs

Return mileage from home to various addresses for photo’s, court, car park etc to get evidence, advice etc.  @ aprox 45 miles - £0.45 per mile £20.25

Parking near Court £4.00

Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g)

Research, reading paperwork, preparation, mediation and drafting of documents since January 2015 (aprox 55 hours at Litigant in Person rate of £19 per hour) £1045.00

Stationery, printing, photocopying and postage since January 2015: £45.00  (estimated)

Sub-total £1114.25

Husbands wages cost of days pay @ £200.00 

£ 1314.25 TOTAL COSTS CLAIMED

These costs have been worked out by:
- appealing in 2014 and re-sending it **- trip to car park to take photos & return journey 5.6miles aprox 1hr.
then loading them onto my computer & writing a letter aprox 2hrs
Trip back to town to print photos as I had no printer at the time 5.8 miles & 8 photo's @ 35p each aprox 1 hr

- reading any pre-action letters in the years from 2014 ** - maybe 10 min for each letter but then re reading many times.

- reading the Letter before Claim and responding, in 2019 **- never got one, I only received texts from bw legal which just said they needed to speak with me regarding a personal business matter they have wrote to me about, I blocked them after the first 2 messages as I thought it was a scam as I didn't know who they were. I also do not know how they got my number as it was not given out and it is a different number from when I got my PCN and even then I never gave Premier Park this info on my appeal.

- reading the Claim form & documents and researching what I did and putting in a defence **- Aprox 2 hrs reading a researching what it meant as I got the court letter before a letter came from BW legal saying they were taking me to court, then a trip to town to citizens advice 5.8 miles return journey & 3 hours waiting to see someone and discussing what to do next. then 3 hrs writing a defence.

- Mediation call **- what a joke spent 1 hour back and forth and they said my appeal letter was not valid because it was sent after the 14 days cut off point, when I argued that it says on the paperwork I have 28 days from receiving the letter to appeal they said they would have to get back to me as they need to contact Premier Park to see why it was not valid if that was the case, after 2 hours they said they never even got it!

- writing this WS and putting together and printing all the evidence **- tricky to determine this I spent a while looking up where to get help, then I spent about a week reading through what I could, then a few more weeks downloading and reading examples of past cases and trying to put it into my own, It could of been an hour here or there to a good 5 hours straight so I don't know an exact amount of time, so would estimate a solid 40 hours in total.

- printing & postage of the appeal in 2014 (twice) and any other letters I printed before court **- writing  & postage cost for appeal £1 ish and same for second letter £1 ish can not remember what postage costs were back then.

- printing and posting of everything you did from court claim onwards **- sent my defence recorded £1.90 & sent my Form N180 recorded £1.90

- costs to get to court in March (travel and parking) **- 6.6 mile return journey all day parking £4.00

- costs of your husband accompanying you as your carer & witness **- tricky again, he is self employed and charges £200 per day as he works with his brother and if one doesn't work they both can not work as manual heavy lifting can be involved and needs 2 people at times.

Littlewadie

coupon-mad - oooh just read the post you mentioned, I read a few of the comments and noticed the section you put a link on about 'Bailii' should that be added or do you think there is enough on my WS already?

1505grandad

A heads up  -  C-m in a previous post stated  -  "And I encourage you to write a Summary Costs Assessment to attach,....."

Therefore re-title the cost doc. accordingly.

nosferatu1001

Ordinary costs - loss of leave OR pay should go in here. Its capped at £95 BUT is always claimable. 
THEN in unreasonale give the full rate MINUS the £95

Coupon-mad

It is IMPORTANT to stop using the term 'costs schedule' in my opinion!

I keep posting now to call it a SUMMARY COSTS ASSESSMENT and to sign & date the document, so it looks like a solicitor would assess costs.

You can't include this as it's divulging a Mediation conversation that can't be mentioned in court (you do not want your entire Assessment of costs disregarded due to putting something in it that's not allowed to be said!):

what a joke spent 1 hour back and forth and they said my appeal letter was not valid because it was sent after the 14 days cut off point, when I argued that it says on the paperwork I have 28 days from receiving the letter to appeal they said they would have to get back to me as they need to contact Premier Park to see why it was not valid if that was the case, after 2 hours they said they never even got it!

Your words would be 'the necessary costs of my carer and lay representative in attending trial'.

Littlewadie

Thanks I have altered those points.
So my other witness statements don't have to be as in depth as this? can they just be to confirm the basic point I have made about not seeing signs and when & where we parked, what we were doing etc.?