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County Court claim letter

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  • Nathanb
    Nathanb Posts: 37 Forumite
    10 Posts First Anniversary
    "However, this Claimant is claiming a global sum of £438.80"

    Check the amount on the claim form - not sure that global figure is correct.
    amount claimed £353.80
    court fee £35.00
    legal representative's costs £50.00
    total amount £438.80

    is it the original sum of £353.80 or the total amount that i put in. Global sum sounds to me like the total amount
  • Umkomaas
    Umkomaas Posts: 43,373 Forumite
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    The court fee and legal representative's costs are legitimate claimable costs, they are not the figment of the PPC/solicitors' imagination. Leave those out. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • Nathanb
    Nathanb Posts: 37 Forumite
    10 Posts First Anniversary
    Umkomaas said:
    The court fee and legal representative's costs are legitimate claimable costs, they are not the figment of the PPC/solicitors' imagination. Leave those out. 
    thanks ill amend my defence today.
    Ill be sending my defence through today and complaining to the SRA about gladstones. I will also write to my MP hopefully the more of us that do this something can actually be done about it all.
    My defence seems alright from what i have read does anbody think its not suitable or i need to change anything?

    thanks
  • 1505grandad
    1505grandad Posts: 3,794 Forumite
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    Your opening post states:-

    " THE CLAIMANT CLAIMS £100 per PCN, £60 per PCN contractual costs pursuant to the contract and PCN terms and conditions, together with the statutory interest of £33.80 pursuant to s69 of the county courts Act 1984 at 8.00% per annum, continuing at £0.07 per day”

    Interest is also not included so the global amount is presumably £160 x 2 =£320
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
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    Have you complained yo your MP? 
    You never know how far you can go until you go too far.
  • Nathanb
    Nathanb Posts: 37 Forumite
    10 Posts First Anniversary
    edited 29 May 2020 at 1:48PM
    Questionnaire needs to be completed by 9th June 2020
    hi all I was hoping they had cancelled this claim as I hadn't heard anything after filing my defence but we are at the next stage now.

    Your defence was received on 08/04/2020

    DQ filed by claimant on 23/05/2020

    DQ sent to you on 23/05/2020

    I got the questionnaire yesterday 28/05/20
    I have read the thread on how to fill it in and understand how to do this. The only issue I have is the D3 Witness. As the offence was 20 months ago and I never received anything until this country court claim (which I still think they do this on purpose to make it harder to defend and get more money) how can I give any witness statement on it as I don't remember the incident at all. As I use the multi-storey car park a few times as its the parking for shopping in my home town. What can I put in the witness statement section? anybody any good advice to put?

    thanks
  • Coupon-mad
    Coupon-mad Posts: 151,971 Forumite
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    The only issue I have is the D3 Witness. As the offence was 20 months ago and I never received anything until this country court claim (which I still think they do this on purpose to make it harder to defend and get more money) how can I give any witness statement on it as I don't remember the incident at all. As I use the multi-storey car park a few times as its the parking for shopping in my home town. What can I put in the witness statement section? 

    You put witnesses - 1

    That 1 is you.  The WS is not needed yet but there is guidance about it in the NEWBIES thread.
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  • Le_Kirk
    Le_Kirk Posts: 24,574 Forumite
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    Nathanb said:
    What can I put in the witness statement section? anybody any good advice to put?
    The point of the Witness Statement is "in support of my defence as already filed" and guidance is available in the NEWBIE, as C-m said.  You could also search the forum (although the search facility seems to be down this afternoon) and look for witness statements written by others in similar situations to you.  A WS is a narrative of what happened on the day and subsequently.  Reread your defence to see what you put, that might give you some clues BUT do not reiterate your defence in your WS.
  • Nathanb
    Nathanb Posts: 37 Forumite
    10 Posts First Anniversary


    The point of the Witness Statement is "in support of my defence as already filed" and guidance is available in the NEWBIE, as C-m said.  You could also search the forum (although the search facility seems to be down this afternoon) and look for witness statements written by others in similar situations to you.  A WS is a narrative of what happened on the day and subsequently.  Reread your defence to see what you put, that might give you some clues BUT do not reiterate your defence in your WS.
    Ill have a look through for forums for some more advice. I cant put anything down for what happened on the day as I cant even remember going as it was now 20 months ago. So all I can really put is I am unable to remember the incident and why I was there on that date which makes it unfair for me to make a fair defence as I have received no notice of this and can not remember 20 months ago. All that I already put already in my defence.
  • Le_Kirk
    Le_Kirk Posts: 24,574 Forumite
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    Try a search through the forum for someone who has been or is, in the same situation as you.  I did a quick search and found this: -
    https://forums.moneysavingexpert.com/discussion/6133531/pcn-witness-statement-advise
    There will be others.  There are threads by @keypulse and @Chefdave which you can use as EXAMPLES not to be blindly copied.
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