NCP parking ticket- I won!

Eminowa

Eminowa said:

@Coupon-mad. Thanks for this information.
So basically the court would ask my wife why she thinks the parking coy should pay her cost ?

@Coupon-mad. so what would be my wife's answer to this question please?

Le_Kirk

Eminowa said:

Eminowa said:

@Coupon-mad. Thanks for this information.
So basically the court would ask my wife why she thinks the parking coy should pay her cost ?

@Coupon-mad. so what would be my wife's answer to this question please?

It would be for unreasonable behaviour but that is a high bar to cross.  Maybe you could search the forum I remember a case where a poster won.  You (your wife) need to put together a file of all the actions of the parking company that could be construed as unreasonable.

Coupon-mad

Eminowa said:

Eminowa said:

@Coupon-mad. Thanks for this information.
So basically the court would ask my wife why she thinks the parking coy should pay her cost ?

@Coupon-mad. so what would be my wife's answer to this question please?

You seem to have missed the resource, the links I posted that shows her exactly what to submit for the hearing about claiming costs due to an unreasonably late discontinuance.

She will need the legal arguments (sorry, it's not going to be a case of just turning up and hoping the Judge will grant the costs). In the links I provided, that person posted exactly what they used to succeed.  Copy.

Le_Kirk

Le_Kirk said:

Eminowa said:

Eminowa said:

@Coupon-mad. Thanks for this information.
So basically the court would ask my wife why she thinks the parking coy should pay her cost ?

@Coupon-mad. so what would be my wife's answer to this question please?

It would be for unreasonable behaviour but that is a high bar to cross.  Maybe you could search the forum I remember a case where a poster won.  You (your wife) need to put together a file of all the actions of the parking company that could be construed as unreasonable.

@Coupon-mad said
You seem to have missed the resource, the links I posted that shows her exactly what to submit for the hearing about claiming costs due to an unreasonably late discontinuance.

There you go, you don't even need to search now, I see that @Coupon-mad has given you the place to go (and already had).

Eminowa

Thanks, I found the link..we would have a look.

Eminowa

I have looked at the link, the lady won the case and claimed cost of £500. I looked at all the resourced she pasted, but I don't know if she submitted a new witness statement for her cost claim, but the PPC solicitor submitted a new witnesses statement stating why they shouldn't pay the defendant her cost claim.

My question now is, should i resubmitted by original witness statement, bcos i dont know what to write on a new witness statement for cost claim. Maybe this is a stupid question, but i still have to ask it anyway bcos we are due to submitted our witness statement today.

bluetoffee1878

In my case a number of years ago the parking operator discontinued at the last minute but failed to inform me.

I then wrote to the court 'for the attention of a procedural judge' stating the unreasonable behaviour of the parking operator.

Also included with the letter was a schedule of costs. 

Time off work, X hours litigant in person, child care, mileage, parking, printing and postage. Managed to get a little over £200.

There is a link to my original thread in the Newbie thread.

Eminowa

We got received a witness statement from bwlegal, they are saying that we submitted same witness statement for a claim that hs been striked out, that we only changed the date. Bwlegal is saying we haven't put in any argument to say that they acted unreasonable. They are asking the court to award them over £1000 for bringing them back to court.

I thought the claim was reinstated for a hearing with same claim number. So I don't really put in a new witness statement. We only changed the date. 
So bwlegal waited for us to submit our witness statement n used it against us.
So what do we do now pls?

Bwlegal even said that we copied  defence from the Internet n signed it....which isn't true 

Eminowa

Can I resubmit another witness statement? 
Please help, we haven't got £1000 to pay please. 

Jenni_D

You can submit a Supplementary Witness Statement. But you need to get your facts right - you need to understand exactly what the claim relates to.

If the claim was for the same location and the same "offence" (even if it was a different date), and it was the same Claimant (PPC) then you could add Cause of action estoppel to your SWS. (Search this board for that term). Essentially it means they should have brought their entire claim in one go rather than drip-feed over several claims. As the original claim was lost/struck out then the subsequent claim must fail.