VCS Small Claims Stage - Residential visitor

1505grandad

Para 6  -  "...however VCS gave no reasonable explanation to dismiss this appeal."  -  should there be a "not" required as in "...however VCS gave no reasonable explanation "not" to dismiss this appeal."

aa92

Maybe it would read better as: VCS did not provide a reasonable explanation when it decided to dismiss this appeal?

 1505grandad said:

Para 6  -  "...however VCS gave no reasonable explanation to dismiss this appeal."  -  should there be a "not" required as in "...however VCS gave no reasonable explanation "not" to dismiss this appeal."

Jenni_D

And it's the British Parking Association (BPA), not the British Association of Parking.  

aa92

Jenni_D said:

And it's the British Parking Association (BPA), not the British Association of Parking.  

Thank you!
This is what happens when you stay up way too late writing this stuff haha 

aa92

DEFENDANT’S SCHEDULE OF COSTS

Ordinary Costs

Loss of leave through attendance at court hearing:

£95.00 

Further costs for Claimant’s misconduct, pursuant to Civil Procedure Rule 44.11 

Research, preparation and drafting documents:

(20 hours at Litigant in Person rate of £19 per hour):           

£380 (20 x £19)

 

TOTAL COSTS CLAIMED:

£475 (£380 + £95)

From my WS: 

CPR 44.11 - further costs

31.          I am appending with this bundle, a fully detailed costs assessment which also covers my proportionate but unavoidable further costs and I invite the Court to consider making an award to include these, pursuant to the Court's powers in relation to misconduct (CPR 44.11). In support of that argument, I remind the Court that the Claimant failed to acknowledge the notice supplied to them detailing the drivers name and address and instead chose to pursue me, against the stipulation in the PoFA Schedule 4. Further, the Claimant is attempting to abuse the Court process with separate claims with identical particulars. Not only could this claim have been avoided and the Claimant has no cause of action, but it is also vexatious to pursue an inflated sum that includes double recovery.

Fixed witness costs - ref PD 27, 7.3(1) and CPR 27.14

32.       As a litigant-in-person I have had to learn relevant law from the ground up and spent a considerable time researching the law online, processing and preparing my defence plus this witness statement. I ask for my fixed witness costs. I am advised that costs on the Small Claims track are governed by rule 27.14 of the CPR and (unless a finding of 'wholly unreasonable conduct' is made against the Claimant) the Court may not order a party to pay another party’s costs, except fixed costs such as witness expenses which a party has reasonably incurred in travelling to and from the hearing (including fares and/or parking fees) plus the court may award a set amount allowable for loss of earnings or loss of leave.

33.       The fixed sum for loss of earnings/loss of leave apply to any hearing format and are fixed costs at PD 27, 7.3(1) ''The amounts which a party may be ordered to pay under rule 27.14(3)(c) (loss of earnings) ... are: (1) for the loss of earnings or loss of leave of each party or witness due to attending a hearing ... a sum not exceeding £95 per day for each person.''

Am I being excessive in asking for this? Would it irk the Judge and is better avoided? Should I reduce the hours claimed for?

Jenni_D

I think you need to justify the 20 hours ... split them up:

X hours research to understand the claim process
X hours to research, create and file defence
X hours to research, create and file/serve witness statement

... or howsoever anyone else may advise. (There have been similar posts recently)

Coupon-mad

I agree. Not excessive but break it down into chunks of things like:

2 hours for reading Claimant's claim and attachments.

4 hours of online research to understand how to deal with the claim paperwork and to learn how to effectively defend a parking claim.

30 minutes - acknowledgement of service on Govt Gateway system.

3 hours writing the defence and sending to CCBC

30 minutes N180 DQ

30 minutes reading other comms from the Claimant and court about the case proceeding/notice of allocation

30 minutes reading, understanding and diarising the deadlines and other Directions in the Notice of Hearing.

5 hours of research, gathering evidence, reading the Beavis case and other case law, reading the applicable Code of Practice and the new Govt Code of Practice (from Feb 2022) and collating exhibits plus writing the witness statement then filing & serving it as a paginated bundle.

3 hours to read and consider the Claimant's xx paragraph WS and to scrutinise their exhibits and evidence and make detailed notes for the hearing about the errors and omissions in the claimant's case. 

30 mins on costs assessment collation and filing/serving.

etc.  
etc.

An hour going to the site to take photos?

Whatever you did, break it down.

aa92

Thanks all for your help. Will be sending off the WS shortly via email.

aa92

Hi all, I’ve just received a notice of discontinuance from VCS, does that mean they’ve pulled out? 

(The hearing was scheduled for this Friday) 

Coupon-mad

That's VERY late.

Did they send a WS and evidence, or did they fail to do so? 

Yes you've won(!) - but if you filed a costs assessment with your WS, then try an email to the court alleging unreasonable conduct and asking for the Judge to assess your costs without a hearing, pointing out that those costs were filed and served on xx date.  You'd need robust wording.

See the NEWBIES thread 2nd post, the costs success there by @bluetoffee1878