Advise on court claim please..

Coupon-mad

Some Judges would agree but an oversight on interest doesn't affect the actual claim.

It's a bit like the fact that an error in a contract doesn't sweep away the whole contract, only the 'bad clause'.

pcn_freedom

Thanks @Coupon-mad. Will do

LDast

Coupon-mad said:

Some Judges would agree but an oversight on interest doesn't affect the actual claim.

It's a bit like the fact that an error in a contract doesn't sweep away the whole contract, only the 'bad clause'.

But is isn't an "oversight" and it is not an "error" in a contract. It is a Court Procedure Rule and rules are rules, as the judge keeps telling me. The word MUST is used. Not MAY. 

16.4 (2)(b)(ii)  If the claimant is seeking interest they must — if the claim is for a specified amount of money, state — the date from which it is claimed.

There is no "discretion" for interpretation. The judge should ensure that the claimant follows the rules. It only needs to be highlighted to the judge that rules are rules.

It's not like PoFA, where there is wriggle room for interpretation in some areas. Not a single DCB Legal filed claim has the date from which interest is claimed. Failure to fully comply with CPR16.4 and so ask the judge to issue the draft order which covers ALL the requirements of CPR 16.4.

Johnersh

The claim form in this case includes a from date and a to date, together with a daily rate specified at £0.02.  Insofar as I am aware, the error is with the calculation in this case, not rigid adherence with the CPR. It's compliant with the rule.

C will say the PCN was payable on the day of the event so it is entitled to interest from that date. Others have challenged that. It must be right that interest on any enhanced sum later added cannot run from the event and, in this case, C has not sought to do so.



In any event, the court has the power to disallow interest for a failure to plead it properly. It does not follow that this error alone is sufficient to require a whole re-pleading or strike out of the claim as it pertains to the principle sum. Indeed that may be toi time/resource heavy. Interest is always at the discretion of the court.

As an aside, the £60 as a distinct sum is interesting as this appears to make it a fixed sum - in effect a sum of liquidated damage, which could and should have been specified in the contract (sign) to be enforceable. They're not saying it's part of the debt or that interest runs on it. 

pcn_freedom

Coupon-mad said:

Yes you have 28 days. 

When you get back, please show us your para 3 of defence, so we know what was pleaded.

Hi....due to some confusion, I ended up using hharry long defence so that draft order to be filed at witness stage. Please see the para 5 given below:

The facts known to the Defendant:

4. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper.

5.  The POC claims that the vehicle was parked at the Shopping Park car park on 23rd July 2023 but the Defendant cannot recall driving the vehicle on that day and was not sure who was the driver. The Defendant and family were away from the country from 24th July 2023 until 08th of September 2023 due to medical reasons. Upon returning home, the Defendant found a letter from the Claimant informing the penalty charges. Since the Defendant did not recall parking the car at this car park on the day and the PCN was for using their car park for mere minutes, an appeal was submitted to the Claimant explaining the situation and indicating the unfair charges. The appeal was rejected by the Claimant but no further correspondence received regarding the subject.

Can I add to N180 a witness statement from my partner since we cant recall who drove the car that day and add my statement as well including the miscalculation of interest? Should I attach a draft order or do I need to follow a different process considering the above discussions on the subject?

Coupon-mad

Don't attach anything to the N180 but make sure you say certain weeks are unavailable (birthdays, possible holidays) even if you haven't booked anything yet.

That POC does plead the breach so doesn't lend itself to a draft order.

WS & evidence comes much later, after the case is allocated to your chosen local court.

pcn_freedom

Thank you.....so I just complete the DQ form and sent it via email?

KeithP

pcn_freedom said:

Thank you.....so I just complete the DQ form and sent it via email?

...and also remembering to send a copy of your completed form to the other party.

pcn_freedom

Hello all......got an email from the county court with information on telephone mediation appointment in couple of weeks. Any suggestions/ recommendations for me? 

Coupon-mad

Yes, read the first 12 steps again.  This is fully covered.