PCM Claim Form time to write a defence

Johnson2015

So just received a skeleton argument from Gladstone stating that my Schedule of Costs is "exaggerated" and "unwarrented". Do I need to submit anything else or do I need to justify any of the costs incurred?

Le_Kirk

Johnson2015 said:

So just received a skeleton argument from Gladstone stating that my Schedule of Costs is "exaggerated" and "unwarrented". Do I need to submit anything else or do I need to justify any of the costs incurred?

But surely the judge will decide if the costs are "exaggerated and unwarranted".  When you submitted your summary costs assessment as part of your witness statement (WS), did you break it down with detail showing why you are claiming each part?  Don't be tempted to reply, judges hate WS ping-pong!

Coupon-mad

Johnson2015 said:

So just received a skeleton argument from Gladstone stating that my Schedule of Costs is "exaggerated" and "unwarrented". Do I need to submit anything else or do I need to justify any of the costs incurred?

You do have to justify costs, such as showing that you lost a day's leave or salary for the hearing.  Take a wage slip or other proof of daily rate to the hearing.

Johnson2015

No I didn't because technically it's not my wages but my husband has lost wages due to being a witness and having to get childcare. So we are out of pocket in that respect. His wages pays for everything.

Coupon-mad

You can claim for childcare costs, of course.

Johnson2015

Case dismissed. Wouldn't award childcare costs, wouldn't award printing and wouldn't award my time for research either. Just loss of earnings, petrol and parking. It's a win at the end of the day! 

UncleThomasCobley

Johnson2015 said:

Case dismissed. Wouldn't award childcare costs, wouldn't award printing and wouldn't award my time for research either. Just loss of earnings, petrol and parking. It's a win at the end of the day! 

Excellent news. A win is a win and you know it has cost the vermin much more than it cost you.

Any chance you can expand on your court report please. Who did the claimant put forward to represent them? How did they seem? On what points did the judge dismiss the claim? How did the judge make you feel when you entered the room? Which court? Which judge?

Coupon-mad

Johnson2015 said:

Case dismissed. Wouldn't award childcare costs, wouldn't award printing and wouldn't award my time for research either. Just loss of earnings, petrol and parking. It's a win at the end of the day! 

Very good. Well done you!

What won it?  What did the Judge say?

What did their rep say and did they try to talk to you outside?

Johnson2015

So I rose several points. Judge dismissed them all. However, the Claimant had reported that I breached the terms by photocopying my permit. The judge said that there was no way to prove that the permit was photocopied because the courts had only a black and white photocopy of the permit, therefore the hologram that determines the authenticity of the permit was unrecognisable due to the black and white image that the Claimant had produced. The person that arrived sat behind myself and my husband and he never said 1 word. He arrived in jogging bottoms and house slippers, which I for one found very insulting. The gentleman tried to approach us before the court started, (I assume to try and settle out of court) but we didn't engage with him. After the court case he wanted to have small talk about how much work I had put into preparing my defence, again I chose to ignore him and my husband wished him a pleasant day, and we left. Milton Keynes County Court. I have no recollection of the Judges name unfortunately. He was pleasant enough and took every point seriously, but he was fair and at one point I did think I didn't have a leg to stand on once He had thrown out my trump card 'Primacy of Contract'- which I was very surprised at. He was fairly knowledgeable about the cases which I had presented to him e.g. Jopson and Home guard. I was awarded some costs and I asked the Judge if he would ensure that the cheque was payable to my full married name and served to my proper address and I also asked him to not allow an appeal on this particular matter, which he assured me they would not be able to bring this matter back to court. So I don't think PCM or Gladstone will be able to fight this one again!!!!!

Coupon-mad

Nicely done!  Congrats! 

ANOTHER ONE BITES THE DUST!