Claim Form defence - Wells next to sea (CEL)

Castle

They are claiming £82 for the "fake charges", which exceed the BPA's limit of £70. 

Coupon-mad

Yep, it'll be the £70 plus £12 'trace' (tracing is either free - TRACE - or costs under 40p with EQUIFAX).  This was the sum that HHJ Simpkiss at Lewes, in Norma's case, swallowed hook, line and sinker and wrongly assumed it was to do with the DVLA and that 'this all has a cost'.  Errrm...no, it doesn't yer Honour.

1505grandad

A reminder  -  do not forget to use the latest Statement of Truth.

Gravis

Hi all, just wanted to make an update as I received my hearing date in the post today 😞 I had nearly forgotten about the whole fiasco tbh but it goes on..

im half tempted to try and make a settlement out of court to avoid having to take time off work and go through the hassle of collecting evidence and more statements 👀😬😬 I’m assuming this would be massively frowned upon? I was just thinking of offering £30 and figured they might take that rather than nothing at all if/when they loose the case. It’s just the time I need to put in is worth more to me than the money 😟 Is it complete madness getting to this stage and then bailing?? 

KeithP

They certainly won't accept £30.
They have already spent out more than that in court fees alone.

If you do make an offer, and as you predict I'm not suggesting you do, ensure that any offer letter is headed Without Prejudice. This is to stop the Claimant suggesting to the Judge that you obviously are 'guilty' to some extent.

patient_dream

Gravis said:

Hi all, just wanted to make an update as I received my hearing date in the post today 😞 I had nearly forgotten about the whole fiasco tbh but it goes on..

im half tempted to try and make a settlement out of court to avoid having to take time off work and go through the hassle of collecting evidence and more statements 👀😬😬 I’m assuming this would be massively frowned upon? I was just thinking of offering £30 and figured they might take that rather than nothing at all if/when they loose the case. It’s just the time I need to put in is worth more to me than the money 😟 Is it complete madness getting to this stage and then bailing?? 

They will only accept the full amount so dont even bother.

CEL have history in that they discontinue just before the court day.  They do this because they know their claims are crap and so do the courts

Keep going and make sure you have your costs schedule ready, they might be paying you

When is the hearing

Umkomaas

im half tempted to try and make a settlement out of court

Admitting culpability?  Otherwise why would you pay anything? Take note of what @KeithP says above re 'Without Prejudice'. 

'Making an offer' is certainly not as straightforward as you seem to be assuming.

Gravis

patient_dream said:

Gravis said:

Hi all, just wanted to make an update as I received my hearing date in the post today 😞 I had nearly forgotten about the whole fiasco tbh but it goes on..

im half tempted to try and make a settlement out of court to avoid having to take time off work and go through the hassle of collecting evidence and more statements 👀😬😬 I’m assuming this would be massively frowned upon? I was just thinking of offering £30 and figured they might take that rather than nothing at all if/when they loose the case. It’s just the time I need to put in is worth more to me than the money 😟 Is it complete madness getting to this stage and then bailing?? 

They will only accept the full amount so dont even bother.

CEL have history in that they discontinue just before the court day.  They do this because they know their claims are crap and so do the courts

Keep going and make sure you have your costs schedule ready, they might be paying you

When is the hearing

Ok that’s that idea off the table then.. 😞

Am I able to claim my time spent in preparing the case? it’s easily run into hundreds. There hearing is 3rd February 2022

patient_dream

Gravis said:

patient_dream said:

Gravis said:

Hi all, just wanted to make an update as I received my hearing date in the post today 😞 I had nearly forgotten about the whole fiasco tbh but it goes on..

im half tempted to try and make a settlement out of court to avoid having to take time off work and go through the hassle of collecting evidence and more statements 👀😬😬 I’m assuming this would be massively frowned upon? I was just thinking of offering £30 and figured they might take that rather than nothing at all if/when they loose the case. It’s just the time I need to put in is worth more to me than the money 😟 Is it complete madness getting to this stage and then bailing?? 

They will only accept the full amount so dont even bother.

CEL have history in that they discontinue just before the court day.  They do this because they know their claims are crap and so do the courts

Keep going and make sure you have your costs schedule ready, they might be paying you

When is the hearing

Ok that’s that idea off the table then.. 😞

Am I able to claim my time spent in preparing the case? it’s easily run into hundreds. There hearing is 3rd February 2022

Costs will depend on the judge but seem to average £95, this is a small claims court 

Depending what happens to covid, it will probably be a phone/video hearing 

Use the next month well and prepare a crib sheet so when talking to the judge you don't forget anything

Gravis

Umkomaas said:

im half tempted to try and make a settlement out of court

Admitting culpability?  Otherwise why would you pay anything? Take note of what @KeithP says above re 'Without Prejudice'. 

'Making an offer' is certainly not as straightforward as you seem to be assuming.

Well if I’m honest about it I could of parked elsewhere and on another day I probably would of read the signs and paid the £1 to use the parking. On the day in question I could of been guilty of thinking irrationality, taking a parking grace period as granted.