Claim form / County court business centre

UltraRevenge

Sorry all. I think I was doing the wrong copy and paste link. But it worked from my phone. I have unfortunately now sent it off. But the attached was basically what I sent. I hope I have removed anything not applying to me. I don't expect to win at all. Just following process to not get CCJ or further costs. Although I have sent this to the court and QDR. Any feedback will be appreciated. 

Coupon-mad

Looks Ok, better than not sending one at all!  You sent this to QDR and to the local court email?

Not to the CCBC in Northampton of course, you'd be surprised some people make that mistake.

And you say you had already emailed and told the local court that you can't attend (and why)?

OK so now you can move on to making an offer, headed up as I advised (and telling QDR that you won't be attending the hearing). Mention the DLUHC's analysis about £8.50 and at least secure the £82 false fee being removed and the 8% interest too.

If I were you I would re-email the local court and tell them again why you cannot attend and that you have told the Claimant's representatives, and ask that your email be placed with the hearing file for TIME / DATE so that the Judge is aware of the good reason for your unavoidable absence.

I'd do it again in case the court has overlooked your first email and doesn't tell the Judge.

It is vital you are not seen as a no-show.

UltraRevenge

Hi Coupon-mad. I can't thank you enough for showing so much patience with me. Thank you so much for looking over my WS and reassuring me. 

Yes I have emailed the WS to my local County Court Basildon and QDR.  I have now sent 3 emails to the court, and the last one saying I cannot commit to attend on the 30th Aug as my baby is due on the 31st Aug. The first email notified them of my baby due date and how I can send WS. Second email was day before yesterday to let them know I received another letter inviting me to court even though I've said I cannot attend. 3rd email was yesterday night after sending the WS.  I will send another email today to notify them to keep my email chain with my WS as I cannot attend, and make that absolutely clear.  I will also send an email to QDR letting them know that I will not able to attend and why and offer as advised. I had actually sent them an email on the 20th Aug to let them know that I've let the court know I cannot attend hearing and if we can resolve before court date. I've had no response. I will send another email. 

UltraRevenge

Does this sound about right please? 

Email title: Jxxxxxxx WITHOUT PREJUDICE SAVE AS TO COSTS

Email: 

As mentioned in my previous email - I am unable to attend court hearing on the 30/8/23. I have also let the court know. The reason why I cannot attend the hearing is because my wife and I are expecting a baby, due date 31/8/23. As such, I would like to make a pragmatic offer to bring this case to an end, and so we can move on with our lives. 

I can make an offer that doesn't include the £82 which has been added to enhance fine, because the DLUHC has exposed that the costs is under £8.50. Adding £82 fine is extortionate. I would also be asking that the unreasonable interest charges be removed from the charges too. 

I am happy to liaise with you to agree on a agreed payment to clear the charges,  hope to hear from you soon.

Coupon-mad

added to enhance the charge.

(it's not a fine).

Remove this (far too happy & vague):

I am happy to liaise with you to agree on a agreed payment to clear the charges,  hope to hear from you soon.

Replace it with:

My offer is therefore, half the amount claimed, plus the £27 hearing fee if the Claimant has paid it already.  This seems very reasonable and has value to the Claimant to resolve the dispute and avoid the costs of attending a hearing where most Judges are unlikely to allow the added £82 inflated add-on, or any interest which would merely reward a tardy Claimant for sitting on their hands for years.  

This offer is valid this calendar week, and I trust you will be in a position to respond by Friday.  Failure to agree settlement will mean the hearing will go ahead and your client must cover its own costs, if it takes the view not to negotiate reasonably.

Yours faithfully,

Your name

UltraRevenge

Coupon-mad said:

added to enhance the charge.

(it's not a fine).

Remove this (far too happy & vague):

I am happy to liaise with you to agree on a agreed payment to clear the charges,  hope to hear from you soon.

Replace it with:

My offer is therefore, half the amount claimed, plus the £27 hearing fee if the Claimant has paid it already.  This seems very reasonable and has value to the Claimant to resolve the dispute and avoid the costs of attending a hearing where most Judges are unlikely to allow the added £82 inflated add-on, or any interest which would merely reward a tardy Claimant for sitting on their hands for years.  

This offer is valid this calendar week, and I trust you will be in a position to respond by Friday.  Failure to agree settlement will mean the hearing will go ahead and your client must cover its own costs, if it takes the view not to negotiate reasonably.

Yours faithfully,

Your name

Thank you so much, this is so much better and concise! I've sent email now. 

UltraRevenge

Hi Coupon-mad - I've received an email from QDR at 5.09pm - and If you can please help me with how I can respond - I really do appreciate your support and assistance. 

QDR replied to the above email: 

Dear Mr xxxx

WITHOUT PREJUDICE SAVE AS TO COSTS

UK Parking Control Limited - v - Mr xxxx

Claim number: xxxxx

Our reference: xxx

Thank you for your email below. Where you have stated “..you would like to make a pragmatic offer to bring this case to an end..”

Please kindly provide confirmation as to your pragmatic “offer” in order for us to review this with our client.

Yours faithfully

End of email
 

In my original email I did not exactly say how much I'd like to offer - if you can please can suggest a response. Below is the costs: 

The costs listed in the Claim Form issued 2022: 
Amount claimed: £182
Court fee:  £35. 
Legal rep costs: £50. 
Total - £267. 


Today I received a letter from QDR, Claimants statement of costs: 

Claim fee - £35
Fixed legal costs on issuing- £50
Gearing fee - £27
LPC Law Agent fee - £200 
Total - £312. 

UltraRevenge

I have offered to pay £156 + £27. Awaiting response...

Jenni_D

I would have offered the original PCN (£100) + Claim fee (£35) + hearing fee (assuming they've paid it £27) and not a penny more. So £162.

The LPC Law agent fee is not something they can ever claim ... unless the judge finds that your conduct has been unreasonable. That's a very high bar to cross - defending a claim is not unreasonable.

UltraRevenge

Jenni_D said:

I would have offered the original PCN (£100) + Claim fee (£35) + hearing fee (assuming they've paid it £27) and not a penny more. So £162.

The LPC Law agent fee is not something they can ever claim ... unless the judge finds that your conduct has been unreasonable. That's a very high bar to cross - defending a claim is not unreasonable.

Thank you Jenni. I just went with half of what is "owed" as per the email sent. But you make a very good point! Anyhow.
, assuming they accept, it'll do me alot of good for my anxiety the extra £21. Thank you for letting me know about LPC, don't even know what it is!