Count Court appearance soon

Coupon-mad

Since (C) has brought up somerfield would be wise to comment on that case since they brought it up but failed to mention the relevant facts of that case or just use the Wilkinson case since I've already made reference to it in my WS?

Yes, that's why.  It helps you not them and is persuasive (High Court) not long before Beavis and using similar rationale about penalties (because he found that £75 was probably not a penalty - same as later happened in Beavis).  So it is good law and should be read.

Also can I mention other case law in my WS that wasn't in my Defence as long as fits the relevant argument? 

Yes.

Lastly how to work out cost is there any examples on here as I've wasted months reading in preparation for CC instead of spending time with kids? 

Of course, there is a costs assessment and explanation in the NEWBIES thread where you'd expect to see it, plus hearing tips.  It takes you from start to finish.   But the example 'bundles' we point people to from last year are by @jrhys and @Nosy.

Greenhaze

Somefield cancelled the contract because the parking operating conducted its business in a manner they was not happy about, thus terminating the contract. I've read the paragraphs 418 - 429 but can't see the relevance. May be its to late and I'm not taking it in properly. If I've already mentioned Wilkinson and Beavis, am I not just repeating more of same if it purpose is to demonstrate the abuse of process / double recovery. I see people mention the Quantum but don't understand what they are referring to? 

Umkomaas

Greenhaze said:

Somefield cancelled the contract because the parking operating conducted its business in a manner they was not happy about, thus terminating the contract. I've read the paragraphs 418 - 429 but can't see the relevance. May be its to late and I'm not taking it in properly. If I've already mentioned Wilkinson and Beavis, am I not just repeating more of same if it purpose is to demonstrate the abuse of process / double recovery. I see people mention the Quantum but don't understand what they are referring to? 

Somerfield went bust shortly afterwards. Whether the parking regime contributed to that is open to debate!

Please follow @Coupon-mad's advice. Somerfield is persuasive on the lower courts, more so than Wilkinson (which isn't), so don't look a gift horse in the mouth.

'Quantum' means the monetary sum. But, unless you're able to prove major unreasonableness on the part of the PPC (a very high bar and extremely unlikely to cover loss of time with the kids), then the quantum you are looking at is for the loss of half-day's pay to attend the hearing, @£95 per day. Delay any early retirement plans!

Greenhaze

Could you please enlighten me around the penalty issue, why is it so fundamental as i'm clealy missing the trick in this case. The (C) mentions paragrapth 426 "if this is the price payable for the privilege  ect.. but the judge goes on to say in Paragraph 428 "But it seems to me, on the limited material presently before me, that he would probably succeed in any argument that the increase to £135 in the event of failure to pay within the specified period did amount to the penalty. What is my argument here? and how am I using it? 

Coupon-mad

That £75 is OK and not a penalty but adding 'costs' to inflate the claim is.  You've got the right template, the one by HHJ Hegarty at High Court stage?

Greenhaze

Coupon-mad said:

That £75 is OK and not a penalty but adding 'costs' to inflate the claim is.  You've got the right template, the one by HHJ Hegarty at High Court stage?

Yes I have the correct one b4 the appeal by HHJ. Thanks Coup mad, but what's the relevance that it amounts to a penalty what's the issue behind it, I'm sorry but I'm just not getting it? In my case (C) sign refers to parking charge not penalty? 

Coupon-mad

If a charge has the effect of a bare penalty (with no other legitimate interest to support it being so high) then it's unenforceable.

A parking charge is OK, if it has a legitimate interest behind it, i.e. the landowner wants to deter trespassers and overstayers and has a right to manage that space.

The fake add-on is false and disproportionate to any 'admin work' and thus, unenforceable.

Greenhaze

Thank you. I've somerised the PE vs Sommefield in my WS. When quoting judgement from case law do I need to exhibit the whole case for each one mentioned or just an extract of the appropriate pages to rely on? For example I don't need the whole beavis case do I or just the paragraph of importance? 

Coupon-mad

With Beavis and Somerfield I'd supply the Judge with a link to the full transcript but actually exhibit (as a document) just a page or two.

Greenhaze

I was going to hand it in directly to the court so Its organised and ready for the judge to see apposed to sending it in via email as I have a lot of exhibits and will be attending in person. Links arn't going to be much use in person. 

Order of paper work to be filled, does this look correct? 

Index 
Skeleton 
Witness 
Defence 
Exhibits (images, case law & statutes)