UKPC QDR Solicitors County Court Claim

Le_Kirk

That will likely be from a set-aside hearing where the judge, instead of making a firm decision, has allowed the claimant another bite of the cherry by reserving the decision to when the underlying claim is defended.

tjfruits

Okay thanks, so I’ll need to just mention costs as per point b and point c. Im assuming I then provide more details after the hearing

KeithP

tjfruits said:

Okay thanks, so I’ll need to just mention costs as per point b and point c. Im assuming I then provide more details after the hearing

A decision about costs and the amount thereof will be made during the hearing but after a Judgment has been made.

tjfruits

tjfruits said:

The claimants defence regarding the DLUHC code of practice being withdrawn in June 22, surely this doesn't apply as the PCN was dated May 21?

Also is the below a valid point to make: 
31. In paragraph 27, the claimant claims to be administering tickets with a primary purpose of deterring motorists from misusing the site. In KO1 page 1-3 the Claimant has provided a copy of their contract with the landowner. In this contract the payment terms are laid out as followed: ‘We will pay you a commission equal to 10% of our net profit”. This alone suggests that the primary aim of the model is to profit from the ticketing of motorist, rather than to actively try and deter misuse of the site.

Any thoughts on these points? Cheers 

Not_A_Hope

You can state the new code is merely stalled and it is the clear intention of parliament to address the issues raised by the market failure caused private parking companies.

I am not sure paying the landowners 10% of the profits raised by the PPC helps your cause significantly. The judge will be more interested in whether the have a valid contract with the landowner and that this allows them to enter a contract with you which they allege you have broken

Le_Kirk

tjfruits said:

Okay thanks, so I’ll need to just mention costs as per point b and point c. Im assuming I then provide more details after the hearing

You could put in a summary costs assessment if your costs are complicated, otherwise just as you say, standard witness costs.  It is a high bar to cross to prove unreasonable behaviour by a clamant.

tjfruits

Le_Kirk said:

tjfruits said:

Okay thanks, so I’ll need to just mention costs as per point b and point c. Im assuming I then provide more details after the hearing

You could put in a summary costs assessment if your costs are complicated, otherwise just as you say, standard witness costs.  It is a high bar to cross to prove unreasonable behaviour by a clamant.

What are the standard witness costs, I can only find info on Crown court? 

I'll be losing a days pay at £150 and I'll be driving a 250 mile round trip. Reason for travelling so far is that I picked my home court as I didn't know where I would be working (I work away from home Monday to Friday and therefore will be travelling back to work on the friday)

Umkomaas

tjfruits said:

Le_Kirk said:

tjfruits said:

Okay thanks, so I’ll need to just mention costs as per point b and point c. Im assuming I then provide more details after the hearing

You could put in a summary costs assessment if your costs are complicated, otherwise just as you say, standard witness costs.  It is a high bar to cross to prove unreasonable behaviour by a clamant.

What are the standard witness costs, I can only find info on Crown court? 

I'll be losing a days pay at £150 and I'll be driving a 250 mile round trip. Reason for travelling so far is that I picked my home court as I didn't know where I would be working (I work away from home Monday to Friday and therefore will be travelling back to work on the friday)

Capped at £95 for a full day - take proof of your salary level (pay slips?). 40p per mile (I think); can't tell what the Judge will make of a 250 mile journey. Be ready to explain why. 

Le_Kirk

tjfruits said:

What are the standard witness costs, I can only find info on Crown court? 

Standard witness cost is £95

tjfruits

Also after reading the newbie thread regarding the court date i have a couple of questions:

-What is the order of the hearing, does the judge hear the claimants side, followed by my side and then asks any questions before coming to a judgement?

- Crib sheet will be made up of bullet points of my main arguments? I'm assuming I just need to know my statement inside and out

- Claimant has submitted a statement of costs of £312, will this be in addition to the claimed amount (160/170 i think)? I thought there was a cap on what they could claim 

Thanks again for all the help from this forum