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Parking Charge Notice now been referred to County Court

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Comments

  • No Judge has ever said that in any reported case.  None place any reliance on the Trade Body appeals processes but you might get criticised for not engaging, which is why you must explain why you didn't.
    Ok.  Thank you.
  • My County Courttelephone hearing is in a week's time (14/09).  My WS was emailed to both County Court and Gladstones on 31/08.  I have now received a copy of a supplementary ws disputing my costs which were submitted with my WS.

    A copy of the supplementary ws can be seen here https://www.dropbox.com/t/qpVLgmSraAQ9K8Aa
     
    Do I need to respond to this as I did not attach wage slips or anything else to support my costs?

    I guess I can assume that my case is going all the way to a hearing.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Email a supplementary WS yourself adding proof of wages etc , should have been included in your bundle , email the supplementary information to court and Gladrags
  • Ok, will do.  Apart from wage slips how am I to provide evidence of the time spent on defending this claim?  It has been primarily hours of reading posts on this site and other websites and obtaining advice/comments.
  • Coupon-mad
    Coupon-mad Posts: 156,238 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 September 2021 at 11:56AM
    Break it down in detail, into 2 hours reading and researching x stage or x document.  3 hours drafting defence, etc.

    You probably won’t get awarded it so don’t bust a gut!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Ok, thank you.
  • Johnersh
    Johnersh Posts: 1,573 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Don't bother with a witness statement. By all means object to a new statement if its late, but everyone trying to have the last say is unlikely to curry favour. 

    A breakdown of time in a table  itemising each document and time spent is probably sensible.

    eg. Defence 8 hrs
    Witness statement 2 hrs
    and the correspondence
    10 Emails to claimant, 1.5 hrs
    03 emails to court 0.3 hrs


    As for that supp statement... Oh dear. She appears never to have broken the spine on the White Book. 

    1. Whilst she may feel that the o/p is misguided, the rate claimed does not require explanation or further breakdown. it is per 46.5(4)(b) and is the litigant in person rate (assuming the court allows recovery, which would usually require a finding of unreasonable conduct). 

    2. When serving a schedule and evidence of costs, the requirement to do so is no later than 24hrs before the hearing and as such no criticism can be imparted in relation to that (yet). 

    3. Based on the claimants own evidence and approach it is presumably now reasonable to ask for a breakdown as to how their £70 bolt ons are derived?

    We know the charge for the breach of contract is said to be agreed at £100 but are any elements of the bolt ons incurred costs (disbursement) and if not, what is the time cost of sending (template) letters on a per document basis as itemised?

    Oh, you mean you weren't supplied with that!? *shocked face* Well if they won't pay you without a proper breakdown.... 


    All this statement and second statement stuff is bull.  The claimant had permission to serve and this new response from them is (presumably) out of time. If the o/p served his statement on time its no good them bleeting about it being late in the day. 



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