NCP parking ticket- I won!

Eminowa

@jenni_D. Its the same claim,  but the Claimant discontinued 4 working days to the hearing. So we applied for cost due to the Claimant unreasonable behaviour. So the court accepted it and gave us a hearing date. So we submitted  witnesses statements but was the same witnesses statements we submitted bcos the Claimant discontinued.

Eminowa

Jenni_D said:

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.

I don't understand, can you pls share the link please 

Trainerman

If I have it right, you have submitted the same witness statement that went in for a case that was then discontinued, but this time you have submitted it as part of your claim for costs. Meaning you have not submitted evidence for that actual costs claim??

Or have I misunderstood?

Eminowa

Yes I don't  have any evidence of actual apart from the cost I submitted with the original claim that was struck out. I changed the date. 
So what do I do now?

I said on my application that the Claimant discontinued 4 working days b4 the hearing,  which they did

Eminowa

The hearing is next week, what do I do now please  bcos the Claimant is trying to clim over £1000 from us for their cost now 

Trainerman

Again, if I understand correctly, you needed evidence about your costs , as well as evidence for unreasonable behaviour, if that is what you claimed

Eminowa

Yes, I asked the question on this forum, and nobody provided me with anything.
So what do I do now please?

Jenni_D

To be fair, this is a parking forum not a legal help forum.

Trainerman

Eminowa said:

Yes, I asked the question on this forum, and nobody provided me with anything.
So what do I do now please?

But the exchanges on this thread between you and Coupon_Mad etc on 18th December  gave a clear picture of what you needed. 

ParkingMad

You were shown in December what to send to the court:

https://www.dropbox.com/s/pjuljss3bo0totu/04%20C%20TWIMC%20%2B%20Costs%20Hearing%20Legal%20Arguement.pdf?dl=0

You need to copy the wording of the above link. Importantly, it quotes from the White Book that a Judge can check.  That is why you were given that link and advised to copy it in a brand new WS.  You were not advised at any point, to re-date or re-send your old WS, because this is a costs hearing.  It isn't about the PCN because that claim was discontinued. 

Expand in a short supplementary (signed and dated) WS emailed to the court and the solicitor on Monday morning, saying that you are shocked that the Claimant is trying to extract costs when it was the Claimant's conduct that was 'wholly unreasonable' during the course of this claim.  Use the same wording as shown in that link, which was exactly what @Coupon-mad advised to do, back in December.  

All the Defendant respectfully asked the court to do was to assess the Defendant's costs arising from the unreasonable conduct of the Claimant, and the unreasonableness included... (list the unreasonableness, ending with the very late discontinuance that occurred after putting the Defendant to wasted costs and many hours of time spent).

Attach a costs assessment: a fair estimate of the many hours the Defendant spent on the case, calculated at the LiP rate of £19 per hour, and wage slip, and any receipts for any postage costs. Get that emailed Monday morning. The Defendant MUST attend the hearing or they will be considered unreasonable.  

If it says a phone number has to be provided, then provide it, but not for the Claimant to see. So do that as a separate email (unless this is an in-person hearing?)

Everything has the same claim number.  But this is not about hearing the claim.  You must prove your wasted costs and explain them, which is why the White Book note is vital because you need to alert the Judge to read the White Book.