VCS Small Claims Stage - Residential visitor

aa92

Ok (wooo!). 

VCS served their WS and evidence many months ago. 

I did file a cost assessment with my WS. 

Coupon-mad

Then do a prompt email today. Take inspiration and crib wording about the White Book from here:

Premier Park Ltd ordered to pay £500 in costs for unreasonable late discontinuance at Southampton County Court (includes all orders and judgment transcript following his application for a costs hearing:  Premier Park v S Jones):

https://forums.moneysavingexpert.com/discussion/6271727/residential-pcn-premier-park-ltd-ordered-to-pay-500-in-costs-at-southampton-county-court

The letter to the Judge asking for costs is interesting; it was treated as an 'application' by the Court:

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

The OP said:

"The 05 Witness Statement is interesting and quotes a post from this forum. The statement by Mr Byers-Nolan was riddled with errors and inconsistencies, ignored the main points of the case and was delivered so late that the Judge ignored it. As he did with my skeleton argument…
 
You might think I would be steaming with anger with PP, BW Legal, DRP, Gladstones, CST Law, Zenith Collections et al, but no. If POPLA are going to boast on their website that they take “into consideration the relevant law, guidance and standards and the BPA Code of Practice.” they should do exactly that. Don’t employ someone with experience of “conflict resolution” and “problem solving” to decide on points of law. How about employing someone with a legal background to decide on legal matters? The new Government CoP will hopefully remove POPLA from the equation.

And finally, for the Premier Park Ltd and BW Legal employees who lurk on this forum: we still have a BIG problem with the other 24 PCNs you plastered my vehicles with, don’t we?"

aa92

If I do this does it need to be served to VCS also? 

And would there be a hearing for the costs? 

Is there any chance that I could end up defending the original claim from VCS or that no longer something to worry about? 

Coupon-mad

The claim is dead. Nothing to worry about.

You might get a costs hearing or a reply direct from the Judge/court. Can't guess which but it's worth the email.

Yes, copy in VCS and do this today.

Make sure you explain the 'unreasonable conduct' issue well and cite the White Book annotation that was at the end of your defence all along (if you used the Template Defence, it covered discontinuance costs right from the start).

aa92

Thank you Cm, have written a letter as you advised. Will update. 

aa92

By way of an update, several months later I’ve received a letter from the small claims court for a date for the costs hearing (in person attendance). 

Does anyone have any advice on what I need to prepare for this and how these run? I’ve never had to attend court for anything prior to this. 

Coupon-mad

What do you need to know that the WS and evidence section of the NEWBIES thread doesn't cover?  It takes you right through what you must put together now, and about the hearing.

Just don't click on the RobertCox example WS linked there.  It's now superseded by the one by @aphex007

aa92

Thanks @Coupon-mad

Unfortunately im not in a position to attend the upcoming hearing due to needing a surgical procedure in the next week, with a few weeks of recovery time. Am I able to ask the court to hear the costs in my absence and how would I go about doing this? Advice much appreciated. 

Coupon-mad

Ask for a remote hearing by phone or video instead, which is normal for courts now.

You are likely to lose, and lose to the tune of hundreds of pounds if you don't attend at all.  Sadly this is true from out experience over many years.  Your case will be walked all over in your absence.

And if you are completely unable to attend, you realise you must excuse yourself at least a week in advance?  If not, you get clobbered with extra costs for unreasonable conduct.

Did you file & serve the WS bundle in time?