Court in Febuary, need advice on evidence pack

Redx

CPR rules set these items and limitations , it's small claims court , not a big million pound case, so there are limitations on various aspects

The cost of stress is not part of this case , a counter claim should have been put in and paid for for harassment and stress when the defence was filed

It's only if the claimant acted unreasonably that higher costs can be awarded , but it's rare


a claimant can make all reasonable attempts are resolution, including letters etc , this may cause stress and axiety which it is clearly designed to do, but no different than a builder chasing peyment for new windows, or a landlord chasing unpaid rent

Coupon-mad

Sam1324 wrote: »

Is there a reason why the rate is set at 19 pounds per hour? I would like to state this in the costs sheet.

Also, how many hours is the maximum we can reasonably ask for. Its hard to put a real number on this due to my time being spent so sporadically on this, and its also hard to put a number on the 'cost' of the stress it has caused us.

I posted about costs only this afternoon, and in more detail on 24th Jan:

https://forums.moneysavingexpert.com/discussion/comment/76775982#Comment_76775982

https://forums.moneysavingexpert.com/discussion/comment/76759005#Comment_76759005

You cannot list 'costs' for stress, and would have had to counterclaim for that.

Sam1324

So the costs I can try to claim (but am unlikely to get) are the hours spent working on the case, transport to the court, and time lost of work during the day?
Also could you clarify why you have chosen 19 pounds per hour - is this a set rate or just plucked out of thin air?

nosferatu1001

You are currently missing two essential elements - your WS and the defendants WS.
1) The DEFENDANTS witness statement, which will simply be that they authorised you to drive the vehicle on day X and since then you have handled everything relating to this matter. I doubt anyone will care too much however remember IF they got POFA2012 correct, your father is stil liable if they find that HIS defence is weak. Remember, the defence you filed is confusing, because YOU are NOT the defendant!

2) You were told to use INITIALS/001 to number exhibits, so do so.

3) Gt your WS and exhibits to the court IN PERSON, and by POST to the claimant. You MUST serve on both. This is not optional.

4) Shockingly 19 is not plucked out of thin air, its in the CPRs. You have TWO sections in a costs schedule
a) Ordinary costs that are ALWAYS permitted, namely transport, parking, half a days loss of earnings OR loss of leave capped at £95. OBVIOUSLY TAKE PROOF OF THIS!

b) Costs for "unreasonable behaviour" pursuant to CPR27.14(2)(g)/ This is what you need to reach in order to get more costs. You itemise the hours spent wriitng a defence, seperately the hours researching on here to write said defence, and so on.

It woul dbe good if we can see that signs, as your entire case rests upon them