Excel - Set aside WON & CASE WON - Excel defeated AGAIN!

Jenni_D

Sorry but I'll leave that for other's more-knowledgeable to suggest ... I only commented because that cost item didn't seem to have a justifiable basis - i.e. how did you arrive at £250?

milkybk

Jenni_D said:

Sorry but I'll leave that for other's more-knowledgeable to suggest ... I only commented because that cost item didn't seem to have a justifiable basis - i.e. how did you arrive at £250?

Like I said, it was taken from another thread recommended in the newbies section. It was sort of a generic place holder until I get some input from the experts here.

@Redx @Coupon-mad @henrik777 - any thoughts/comments on the costs side of things? Also, everything okay with the main supplemental witness statement I've written? I'd like to send this off today, to stay punctual. 

Coupon-mad

The witness statement’s statement of truth says it is a defence!   

It should be signed and dated and attached as a PDF and attached to your email, headed up like a witness statement, not ‘Dear sir’.

milkybk

Coupon-mad said:

The witness statement’s statement of truth says it is a defence!   

It should be signed and dated and attached as a PDF and attached to your email, headed up like a witness statement, not ‘Dear sir’.

Ok changed that, post updated - link. Thank you.

Any comments on the costs? I need to send that as well.

Coupon-mad

Your costs are up to you, based on the hours spent on this matter and any day off work or loss of leave for attending a hearing. 

milkybk

Coupon-mad said:

Your costs are up to you, based on the hours spent on this matter and any day off work or loss of leave for attending a hearing. 

Sorry, I should have been clearer. Should I be adding in these bits at this stage or is this for later at my defence hearing (assuming the set aside is successful and the case proceeds). I lifted the bolded points from another successful thread from the newbies FAQ but not sure if they're relevant for my case.

Draft costs schedule

I respectively request that the court orders the claimant, Excel Parking, to pay the unnecessary costs their defectively served claim has caused. A summary of those costs can be found below:

1. £250 for their failure to serve on the last known good address, breaching their duty to the court and the statement of truth they signed when filing the claim against a known incorrect address. 
2. £255 for my set aside fee.
3. Loss of leave or earnings to attend hearing - day of annual leave taken from work. I'm a salary employee, a contracted day of work is 9 hours, equating to ~£242.30

Indemnity basis: 

1. Time spent researching the CCJ, compiling a Witness Statement & Draft Orders - 10 hours
2. I will also pursue a counterclaim for breach of DPA, as they failed to maintain accurate records and have caused unnecessary damage to my credit rating, which I summarily assess at £750. 

milkybk

Never mind - done some reading on Legal Beagles and adapted some stuff to suit. I'm happy with it. 
_________________________________________________

IN THE XXXX COUNTY COURT

Claim No. XXXX

BETWEEN:

Excel Parking Services Limited

Claimant

– and –

Defendant

XXXX

__________________________________________________________

SCHEDULE OF COSTS OF XXXX

__________________________________________________________

I respectively request that the court orders the claimant, Excel Parking, to pay the unnecessary costs their defectively served claim has caused. A summary of those costs can be found below:

• Reimbursement of my set aside fee of £255
• Loss of leave or earnings to attend hearing - day of annual leave taken from work. I'm a salary employee, a contracted day of work is 9 hours. My annual salary equates to ~£26.92 per hour. Therefore the total for the days annual leave comes to £242.30
• Time spent on the following:

        1. Reviewing Claim Form = 1 hour

        2. Acknowledging Claim Form = 0.5 hour

        3. Preparing and drafting the defence = 2 hours

        4. Legal research = 4 hours

        5. Preparing and drafting witness statement = 4 hours

        7. Preparing and drafting court order = 0.5 hours

        8. Inter-parties correspondence (between myself and Claimant) = 1.5 hours

        9. Compiling evidence bundle = 2 hours

       10. Preparing and drafting supplementary witness statement = 2 hours

• Listed preparation total hours spent therefore equals 17.5 hours.
• Under CPR 46.5, Litigant in Person costs recovery is calculated at a rate of £19 per hour. 
• Therefore the preparation costs total £332.50

I therefore respectively ask the court for total costs of £829.80, to be paid to the Defendant by the Claimant.

Statement of Truth:

I, XXX, the Defendant, believe that the facts stated in this schedule of costs are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Yours faithfully,

XXX

Signed: ___XXX__

Dated: ____XXX___________

milkybk

Hi all - Quick update. Sent the above document with some new evidence to the court and to the Claimant. Called the court and they confirmed they have received it and added it, although they weren't very helpful or convincing again. Therefore will be chasing through a higher level manager like before, just to be sure.

Obviously my set aside is based around CPR 13, specifically CPR13.2 to start with, which I hope will be straight forward. However, in case the judge decides it's not and wants to move to CPR13.3 I'd like to start preparing a draft defence in advance and was hoping for some advice from yourselves on where to start.

I never heard back from my SAR, from 2017 or from this year (past the cut off ate for them to send now). Therefore the first time I ever saw any of the photos/signs etc was when they sent through their Witness Statement pack for my set aside hearing, which I posted on here.

Therefore, with the info in this post in mind (showing all images in the Claimants Witness Statement, which I assume they will therefore solely rely on) - link - How should I begin drafting my defence? What should I focus on? 

If anyone wants bigger photos from than are in the linked post, I can reupload them resized for clarity, please just let me know.

I imagine I need historic images of the signs in the alleged car park, what's the best way to do this? Obviously google but is there a "timeline" version you can use? 

To be clear, I believe I paid. I even remember the machine type, it was where you enter a few bits of your reg, not the whole thing. I requested the machine receipts etc in my SAR but they didn't reply. I have no evidence to prove I paid though. I still find the photos of the car odd too, as one is just a black blob and the other you can just about make out some letters! Image below for reference:



Thanks for any help. I want to be prepared, as my hearing is in 2 weeks.

Coupon-mad

You just draft a defence using the template defence, top of the forum.

milkybk

Coupon-mad said:

You just draft a defence using the template defence, top of the forum.

Have replied on next page as had to split the post due to length limits. Will be easier for everyone to read if on same page.