CCJ - FIGHT FOR OUR RIGHT!!

Coupon-mad

Looks good to me! 

GlassRoof36

Below is my costs assessment. I found a couple of versions so merged them. Not sure if it was the right thing to do??

_________________________________________________________

Defendant’s Costs Assessment 

My Fixed Witness Costs 

Loss of earnings through attendance of court hearing = £95 

Further costs for Claimant’s misconduct, pursuant to Civil Procedure Rule 44.11 

Loss of earnings through attendance of court hearing = £160 

Research, preparation and drafting documents: £19 Litigant in Person rate x 16 hours = £304 

TOTAL COSTS CLAIMED = £559 

 

My Fixed Witness Costs - ref PD 27, 7.3(1) and CPR 27.14    

As a litigant-in-person, I have had to research the relevant law, as well as then formulating and compiling a defence, witness statement and evidence. I thus ask for fixed witness costs; I am advised that costs on the Small Claims track are governed by rule 27.14 of the CPR and (unless a finding of 'wholly unreasonable conduct' is made against the Claimant) the Court may not order a party to pay another party’s costs, except fixed costs such as witness expenses which a party has reasonably incurred in travelling to and from the hearing (including fares and/or parking fees) plus the court may award a set amount allowable for loss of earnings or loss of leave.     

The fixed sum for loss of earnings/loss of leave apply to any hearing format and are fixed costs at PD 27, 7.3(1) ''The amounts which a party may be ordered to pay under rule 27.14(3)(c) (loss of earnings)... are: (1) for the loss of earnings or loss of leave of each party or witness due to attending a hearing ... a sum not exceeding £95 per day for each person.''  

Further Costs  

In addition to fixed witness costs, and pursuant to Civil Procedure Rule 44.11, I request that as a result of the Claimants misconduct, further costs be covered. Being a self-employed individual, I am not in receipt of any form of absence pay. I have no current prior knowledge of when the hearing will take place, and will, once I am made aware, have to (at short notice) cancel an entire day of work. This will lead to a noticeable negative impact on my income. I believe I have evidence in my defence that the Claimant has acted wholly unreasonably and resultantly should pay my wasted costs in full.   

My average daily hours at work is 10 hours and I am paid £16 per hour. Thus, 10 hours x £16 = £106. 

The above does not include the time taken to research, prepare and draft documents such as my defence and witness statement, which has taken a minimum of 14 hours of my time. At the rate of £19/hour as a Litigant in Person, this amounts to £266.   

I humbly request that these costs be considered. 

Coupon-mad

You won't get all that for a set aside application, and it's missing the main cost, the £275 fee.  Just ask for that, plus your day off work for the hearing.

Le_Kirk

GlassRoof36 said:

My average daily hours at work is 10 hours and I am paid £16 per hour. Thus, 10 hours x £16 = £106. 

Notwithstanding what @Coupon-mad wrote, is your calculator battery running out?  10 hours x £16 = £160.

GlassRoof36

Coupon-mad said:

You won't get all that for a set aside application, and it's missing the main cost, the £275 fee.  Just ask for that, plus your day off work for the hearing.

So are you saying I should keep in £95 cost AND the £160 in the assessment? Or just the £95?

Thanks again for your help guys, much appreciated!

GlassRoof36

Going back to my draft defence....am I ok adding paragraph 3.1 (see below) without even seeing what it says on my PoC?? Or should I wait until tomorrow when I can get the PoC from NNC just to confirm my argument?

_______________________________________________________________________________________

3.1. The Particulars of Claim refer to ‘A Breach of contract for breaching the terms and conditions set on private land 20.05.2018. However, they do not state the basis of any purported liability for these charges, in that they do not state whether the Defendant is being pursued under the POFA 2012 as the registered keeper (they use template wording 'keeper and/or driver' yet the law and liability chain and defence needed for those polar opposite positions, would be entirely different).  The Particulars also fail to explain the locus standi of the Claimant, who are not the landowner yet also fail to state why they, as a mere agent (if indeed they are) of a landowner principal, are bringing this claim.

GlassRoof36

Ok, so I'm just reading ahead for the next steps. Below is my understanding so far....

- Collate all my following documents onto email: N244 form (PDF), WS (PDF), Draft Order (Word), Draft Defence (PDF), Exhibit List (PDF), Costs Assessment (PDF), All exhibits (All converted to PDF) 
- Send email to local County Court and Claimant

I am ok using a digital signature on the documents that require it???

As my PCN was issued in Sheffield, where i used to live, could I email Sheffield County Court even though it is not my local court (Leeds)?? I've read they get a lot of cases coming through identical to mine and most get dismissed.

Lastly, should I pay for the £275 submission before sending the documents as I'm away with work all day tomorrow so wanted to send the email today???

GlassRoof36

I am ok using a digital signature on the documents that require it???

Forgot to ask, which documents do require date and signature??

GlassRoof36

Any help on the above would be much appreciated!! 

Going to call up NCC today, pay for the N244 and ask for the PoC

Mars28

Not sure if you are still asking about a way to sign the documents, but I've used acrobat reader, which allows you to copy in your signature into the N244, and fill out the remainder of the form.

https://get.adobe.com/uk/reader/