PPS notice issued advice please

1505grandad

Check that the claimaints name is as stated on the claim form

flopstocks

OK I have submitted the WS.  Today I their WS has come through in the post.  Charges are now upto staggering £673.70! I am gob smacked.

Assuming this is a frightener to make me accept the £186.76

Surely this is ridiculous amount I can't imagine them having any hope of obtaining anything near that.

Jenni_D

It's normal now - they try to assert that they can claim an unreasonable behaviour costs order because you've had the temerity to defend the claim 🙄 and to use the Internet as a resource.  

If you've based your WS on the latest templates by @jrhys and @ricky_balboa then I think this is already covered off.

Le_Kirk

What is the breakdown for the costs?  I bet some of them are not allowed in small claims court!

flopstocks

There is a N260 Statement of Costs (summary assessment) (CPR PD44 9.5) at the end of the bundle.  Totalling £673.70

Reviewing of defence £25.20, Drafting WS £189, supervision and review and witness statement £130.50, instructions to advocate £25.20, schedule of Costs £25.20.  Court fees Advoacy fee £140, letters out/emails £50.40, £37.80, £25.20 telephone £25.20

Jenni_D

Yup - usual BS of costs that they'll never get awarded unless you get a buffoon of a judge. All those are easily argued against (and probably already have been if you used the references I mentioned earlier).

flopstocks

I uploaded an earlier version of my WS in this thread.  TBH their WS looks quite convincing, and they have stumped up the hearing fees too :-(

Coupon-mad

Their WS is a template written by the solicitors.

The costs can't be awarded unless you behave unreasonably.  Make sure you attend the hearing.

flopstocks

The problem is that my partner has to attend as keeper(as the car is in her name).  Even though I was driving, should she admit who was driving at the case if asked?

I have completed the defence, WS etc. all as her.  At the end of the day it is technically my fault as I failed to press green confirm button after the machine displayed my Reg and leaving time.  I revisited to find the machine spits out the £1 if you don't confirm the selection within a set time period. 

Jenni_D

If the driver hasn't been identified yet then she has no obligation to name them in court - it is for the claimant to prove that either she was driving or that she's liable some other way (POFA). If the judge asks if she was driving then she must answer truthfully - and truthfully she can say No.