UKCPM & Gladstones - County Court Defence

kimaru

Hi all,

I've now been given a hearing date which will take place via video call in 4 months time.

I'd be extremely grateful if the community could review my Witness Statement and provide feedback. I've attached hyperlinks to the Exhibit references to make it as easy as possible to review!

You can view these documents online without downloading!
Witness Statement: https://drive.google.com/file/d/1OBTUuclijwqXk6MbFglgrVJeXNIi23tT/view?usp=sharing

Defence: https://drive.google.com/file/d/1l8ekT_Pdm7_Y9jnIJqLnDyUkv0Vx40kq/view?usp=sharing



Questions:
Should I wait until the last possible date to submit my W.S. so that I can see the claimants witness statement first? Then, adjust my W.S. to better counter what they've said?

Is it worth going for litigant in person rates? My claim would be £600+ given the hours I've spent on this. Or would it be better to not mention this as it would be asking for too much from the judge. (I'd rather get the case thrown out than pushing my luck and losing the case)

I'm newly self employed and have no consistent proof of earnings, I don't pay myself a wage either. Can i claim for any loss of earnings?


Thanks for taking the time to read this!
PS: It won't let me upload a document file or PDF so that's why I've uploaded to drive!

Fruitcake

Yes, wait to see if you receive the claimant's WS before you need to submit yours.

When it arrives, please post it here for the regulars to check over. Only redact YOUR personal data. I cannot stress enough the words I have highlighted.

LiP rates are £19/h, but capped at £95 unless you can prove the claimant was acting unreasonably.

Coupon-mad

Remove the Southampton case of Crosby and instead check the newer WS by @jrhys with his exhibits, and the thread I started about the Recorder Cohen appeal judgment.

1505grandad

The Defence appears to have been filed and served with a completely different claimant  -  is there any consequences regarding this?

"HX Car Park Management LIMITED"

Umkomaas

1505grandad said:

The Defence appears to have been filed and served with a completely different claimant  -  is there any consequences regarding this?

"HX Car Park Management LIMITED"

🤦‍♂️  I expect the Claimant will make something of that and the OP will need to have his ducks lined up if they do.

Schoolboy error, copy and paste, no proofread line by line. 

kimaru

Fruitcake said:

Yes, wait to see if you receive the claimant's WS before you need to submit yours.

When it arrives, please post it here for the regulars to check over. Only redact YOUR personal data. I cannot stress enough the words I have highlighted.

LiP rates are £19/h, but capped at £95 unless you can prove the claimant was acting unreasonably.

Thank you, noted. I will post this if I receive it beforehand.

Okay so would it be reasonable to ask for:

£95 LiP rates & £50 for loss of earning from the video hearing?

Coupon-mad said:

Remove the Southampton case of Crosby and instead check the newer WS by @jrhys with his exhibits, and the thread I started about the Recorder Cohen appeal judgment.

Great, thank you, I'll take a look at both of those threads and implement the changes.

1505grandad said:

The Defence appears to have been filed and served with a completely different claimant  -  is there any consequences regarding this?

"HX Car Park Management LIMITED"

Umkomaas said:

1505grandad said:

The Defence appears to have been filed and served with a completely different claimant  -  is there any consequences regarding this?

"HX Car Park Management LIMITED"

🤦‍♂️  I expect the Claimant will make something of that and the OP will need to have his ducks lined up if they do.

Schoolboy error, copy and paste, no proofread line by line. 

Apologies, I uploaded the wrong defence! Still a schoolboy error, but at least I didn't send that defence in to the court!

That was a defence I found on the forum and used to help with my own.

I've changed the link with my actual redacted defence.

KeithP

Okay so would it be reasonable to ask for:
£95 LiP rates & £50 for loss of earning from the video hearing?

I think you'll find that the maximum of £95 is supposed to cover loss of earnings - i.e. up to five hours at £19/hour.
If you are saying your loss of earnings are £50, then that is the maximum you can claim.

Don't forget to have proof of your loss of earnings at the hearing.

1505grandad

Your WS SoT states "defence"

kimaru

KeithP said:

Okay so would it be reasonable to ask for:
£95 LiP rates & £50 for loss of earning from the video hearing?

I think you'll find that the maximum of £95 is supposed to cover loss of earnings - i.e. up to five hours at £19/hour.
If you are saying your loss of earnings are £50, then that is the maximum you can claim.

Don't forget to have proof of your loss of earnings at the hearing.

Would I need proof of earnings to claim the LiP? As I'm self employed this would be tricky. Although I do have a my noted hours of working on the case.

In hindsight, you can see why people just pay up for these claims. When the amount of time required to defend the case and stress it causes, is not worth £60... Hence why their scam works so well.

1505grandad said:

Your WS SoT states "defence"

Awesome spot, thanks very much!

kimaru

Hi all,

I've made the changes @Coupon-mad suggested and fixed the error @1505grandad spotted!

Any more suggestions?

W.S 2: https://drive.google.com/file/d/1lNZqP-SF2oo4J8QE1gx5kRd84SyFLLen/view?usp=sharing



I'm still a little clueless about my loss of earnings situation and my large litigant in person bill...

Should I remove my LiP costs?