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Court Claim for Old Milton Green Britannia parking unlawful camera

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Comments

  • ricky_balboa
    ricky_balboa Posts: 145 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker

    Ordinary Costs

     Loss of earnings 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 (16 hours at Litigant in Person rate of £19 per hour): £304

     Stationary, printing, photocopying and postage: £24

     TOTAL COSTS CLAIMED £423.00


    These were my costs from my WS
  • Pooja Roy-Kuma £126.00 per hour (Marked as a Trainee solicitor, para legal and other fee earners)

    0.3 hours letters out/emails £37.80
    Work done on documents, as set out in schedule £327.60 (which is the 4 items below)

    Reviewing Defence 0.2 hours £25.20
    Drafting witness statement for Claimant dated 10th March 2022 2.0 hours £252.00
    Instructions to advocate 0.2 hours £25.20
    Schedule of costs 0.2 hours £25.20

    Other expenses - Advocate's fee - Ashley Taylors Legal £140.00

    Grand Total £505.40


    This is their statement of costs (summary assessment) (CPR PD44 9.5)  which is spread over 5 pages.
    I miscalculated the amount to be higher and now understand it's the totals above.
  • 1.         I am Mr xxxxxx of xxxxxxxxxxx, and I am the defendant against whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based upon my own knowledge.

     

    2.         In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate. My defence is repeated and I will say as follows:

     

    Findings based on Evidence supplied by the Claimant to the Defendant

     

    3.         In the witness statement and evidence supplied by the claimant’s solicitors BW Legal services limited they have included the agreement between the landowner/customer Callmount Ltd and the supplier Britannia Parking Services Limited company number 8187238. The first page is included in this supplementary witness statement (Exhibit aa-01)

     

    4.         The Parking Charge Notice – Notice to keeper (Exhibit aa-02) and all subsequent letters sent to me were from Britannia Parking Group limited company number 08182990.

     

    5.         The customer numbers don’t match. The Entity on the agreement is different from the entity issuing a Parking Charge Notice. The claimant therefore has no contract or agreement to operate at this car park.

     

    6.         On 10th January 2020 at Reading County Court  case number:- F1DP7C25 , His Honourable Judge Bishop ruled against Britannia on the same legal basis.

     

     

    7.        Statement of truth:

     

    I believe that the facts stated in this Supplementary Witness Statement 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.


    This is my SWS. My 2 exhibits are the first page of the contract between the landowner and supplier Britannia parking services
    and the PCN from Britannia parking group.It will have a header and been signed/dated at the bottom.
  • patient_dream
    patient_dream Posts: 4,042 Forumite
    1,000 Posts Fourth Anniversary Photogenic Name Dropper
    edited 7 April 2022 at 12:17PM
    First question I would ask ... is this a face to face in court or over Zoom

    If it's face to face then your costs are not unreasonable but you may well be asked for proof by way of receipts/wage slip etc.  Expect to end up with £95 though

    What a farce from BWLegal and that is retaliation against your costs.  They have forgotten that this is a small claims court and legl fees are capped at £50.

    Very very doubtful a judge would allow their costs which are totally unreasonable
    Not forgetting that within the main claim they have added a fake amount which they have no legal authority to do so and within the new code of practice government has banned these add-ons.  A point for the judge to consider

    BWL are acting in an unreasonable manner to expect a court to not understand that two entities are operating here and they do not match ?
    The Reading case confirms this

    Others will comment on the WS but do change #5
    It is COMPANY NUMBER, not customer

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I did already say, this is wrong:
       The customer numbers don’t match.


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • flopstocks
    flopstocks Posts: 165 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Is your court case still set for today then?
  • IloveElephants
    IloveElephants Posts: 799 Forumite
    Fifth Anniversary 500 Posts Name Dropper
    edited 25 April 2022 at 5:09PM
    How did you get on  Ricky?
  • ricky_balboa
    ricky_balboa Posts: 145 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Sorry guys, only just logged back into the forum. I guess i need to look at notifications settings.
    My case was delayed until July as there wasn't a judge available on the day. I was text messaged the day before and received written notification a few days later of the new date for the telephone hearing.

  • ricky_balboa
    ricky_balboa Posts: 145 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    I finally have my telephone hearing tomorrow. I am spending my time going over all the information gathered and making notes ready for tomorrow. Thank you to all forumites who took the time to give advice, it has been gratefully received.
  • Umkomaas
    Umkomaas Posts: 43,844 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Good luck Ricky. 👍
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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