Parking Charge, assumed to be the driver - Claim form received......

ChillyDragon51

And finally, do I attach a claim for costs with the WS or have it ready for the end of the hearing (if I am successful)?

Thanks so much in advance of any advice on this hurdle.

Le_Kirk

Your costs assessment should go with your WS.

ChillyDragon51

Thanks @Le_Kirk, sadly I had already sent it because today was the cut off date, so I didn't want to delay.  I wasn't sure if it was presumptuous that I was going to win (!), so I went with not.

I other news, I haven't received a WS from UKPS or DCBL?

Do I do something?

Le_Kirk

You could send a supplementary WS to include your costs assessment. Point out to the judge as a preliminary matter at the hearing that you either didn't receive claimant's WS or it was late and ask for it to be disregarded. 

ChillyDragon51

Hi @Le_Kirk, thank you.  Will do.  Starting to think/hope I might be adding to @Umkomaas disco thread soon?

I'll draft that today.  

I was reading through a thread by @Ikeepgettingfines from recently, whereby @LDast mentions the following:



"One thing to add... if they are pursuing you as the keeper under PoFA, they cannot claim for more than the amount on the original NtK, which was probably £100. The £160 mentioned in the claim breaches the amount that can be claimed against a keeper as required under PoFA 4(5) and confirmed in the Explanatory Notes to the Act #221.

The Act says quite specifically, "The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified)."

Note 221 says "The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5))."



I'm wondering should I mention this in the supplementary WS?
I'm thinking that drawing the Judges attention to the lack of respect shown to the court in not providing correspondence as directed. Further they pursued me as the keeper but added £70 damages to the claim (£100 NtK), thus they are being deceitful in their claims? Or do I wait and let them shoot themselves in the foot if they then do not pay the Court Fee, and suggest that they always knew this would never see the inside of the court..... thus strengthening the idea that they only ever issue an N1 to frighten people into paying, therefore clearly abusing the court process?

If I was to wait until they do/don't pay the court fee to send the supplementary WS though, it would be a further 6 weeks from now and they could discontinue before that.  Must a supplementary WS be with the court before that happens?

Coupon-mad

That's already in the Template Defence, if you used it.

ChillyDragon51

I did.  Apologies.  Just re-read my defence again.  It's been a while since I wrote it, and the grey matter isn't what it used to be..... I'll submit a supplementary WS with a Costs Assessment. Thanks @Coupon-mad.

ChillyDragon51

Good morning!!!! I bear news! @Umkomaas, I have a LoD to upload! 

Do I write to them and say 'that's OK but I look forward to my costs'? I'm not sure now if I need to contact them or the court about the assessment in my WS?

In the interim, may I thank you all so very sincerely for your guidance. I'd normally send wine or flowers, but the anonymity thwarts the opportunity   

Umkomaas

ChillyDragon51 said:

Good morning!!!! I bear news! @Umkomaas, I have a LoD to upload! 

Do I write to them and say 'that's OK but I look forward to my costs'? I'm not sure now if I need to contact them or the court about the assessment in my WS?

In the interim, may I thank you all so very sincerely for your guidance. I'd normally send wine or flowers, but the anonymity thwarts the opportunity   

Good news and I'll now record your win in the DCB Legal Discontinuation thread of shame.  The only prospects of costs would be if they discontinued a few days before the date of your hearing.  Did you have a hearing date?

ChillyDragon51

Umkomaas said:

ChillyDragon51 said:

Good morning!!!! I bear news! @Umkomaas, I have a LoD to upload! 

Do I write to them and say 'that's OK but I look forward to my costs'? I'm not sure now if I need to contact them or the court about the assessment in my WS?

In the interim, may I thank you all so very sincerely for your guidance. I'd normally send wine or flowers, but the anonymity thwarts the opportunity   

Good news and I'll now record your win in the DCB Legal Discontinuation thread of shame.  The only prospects of costs would be if they discontinued a few days before the date of your hearing.  Did you have a hearing date?

I did have a hearing date, yes. It was a number of weeks away though. I had literally put my court file together in preparation, although it was mostly more to be able to put it to one side because there was nothing more for me to do than wait. They didn't submit a WS, and the court hearing fee was not yet due.  Grrr.