DCB Legal VCS claim

Coupon-mad

You can try that. Plus the fact he won't attend and they'll send a rep who isn't authorised to conduct litigation. See the Mazurs thread.

We know of JB. He's being discussed here:

https://forums.moneysavingexpert.com/discussion/comment/81660900/#Comment_81660900

PolePosition2

you are spot on Coupon-mad.

"I may not be able to attend the forthcoming hearing. Should this be so, an advocate will attend on my behalf. I ask that the Court accepts this as written notice pursuant to CPR 27.9(I). If I am unable to attend, please decide the claim in my absence, taking into account the advocates submissions, this Statement and any other evidence filed. This paragraph demonstrates my compliance with CPR 27.9(I)(a)-(b).

In the event an advocate does attend the hearing, I request their fee be added to the amount sought."

kryten3000

PolePosition2 said:

you are spot on Coupon-mad.

"I may not be able to attend the forthcoming hearing. Should this be so, an advocate will attend on my behalf. I ask that the Court accepts this as written notice pursuant to CPR 27.9(I). If I am unable to attend, please decide the claim in my absence, taking into account the advocates submissions, this Statement and any other evidence filed. This paragraph demonstrates my compliance with CPR 27.9(I)(a)-(b).

In the event an advocate does attend the hearing, I request their fee be added to the amount sought."

This is what he does every time.  Small Claims Track specifically forbids the addition of this attendance fee unless the Defendant has behaved unreasonably.  Following the process and filing the correct documents on time is NOT unreasonable behaviour as you are entitled to defend your case.

PolePosition2

Is this still relevant from 2016

"the winning party may claim the fixed costs of attending. It is also worth noting that the limited fixed costs regime of the small claims track apply to an appeal of a small claims decision. A few years ago before this was changed, you could claim costs of an appeal against a judgment in a small claims hearing. Now, the no legal costs rule (except for limited fixed costs) also applies to a small claims appeal to a circuit judge.

The provisions in the Civil Procedure Rules (CPR) regarding small claims are stated at Part 27.14:

Costs on the small claims track

27.14
(1) This rule applies to any case which has been allocated to the small claims track unless paragraph (5) applies.
(Rules 46.11 and 46.13 make provision in relation to orders for costs made before a claim has been allocated to the small claims track)
(2) The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except –
(a) the fixed costs attributable to issuing the claim which –
(i) are payable under Part 45; or
(ii) would be payable under Part 45 if that Part applied to the claim;
(b) in proceedings which included a claim for an injunction or an order for specific performance a sum not exceeding the amount specified in Practice Direction 27 for legal advice and assistance relating to that claim;
(c) any court fees paid by that other party;
(d) expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing;
(e) a sum not exceeding the amount specified in Practice Direction 27 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing;
(f) a sum not exceeding the amount specified in Practice Direction 27 for an expert’s fees;
(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably"

Anthony Reeves

Lawyer

"There is another situation where costs can be awarded in cases allocated to the small claims track. The Court of Appeal case of Chaplair Ltd v Kumari [2015] EWCA Civ 798 stated that contractual legal costs can be claimed where a claim is allocated to the small claims track"

Anthony Reeves
Lawyer

Coupon-mad

Yes but Chaplair isn't relevant to parking.

PolePosition2

This WS is taking me ages. Once it's finalised I can relax for a while. 

Coupon-mad

In the event an advocate does attend the hearing, I request their fee be added to the amount sought."

They can't actually get those extra costs unless you act 'wholly unreasonably' such as not turning up, but in any case did you know you can challenge the entire rights of audience of the legal rep by relying on the brand new case law in Mazurs and possibly even stop them from being allowed to speak, if you take the judge to that new case law & they read it?

https://forums.moneysavingexpert.com/discussion/comment/81663895/#Comment_81663895

I think JB should be OK ... not 100% sure though...  is he a CILEX Fellow without independent practising rights or does it not matter because he's an employee of the Claimant?

The rep who turns up - even if they are a barrister - is likely to be on dodgy ground (no practising certificate?) and you can raise all this as a preliminary matter at the hearing.

PolePosition2

Coupon-mad said:

The rep who turns up - even if they are a barrister - is likely to be on dodgy ground (no practising certificate?) and you can raise all this as a preliminary matter at the hearing.

Coupon you just keep giving and giving. Should I put this as a preliminary matter in my WS ...will I need to or can I drop the bombshell at the hearing. Don't want to play all my cards in the WS. I'd rather catch them off guard. .

Coupon-mad

I'd raise it only at the hearing, after saying hello to the judge. Take 3 copies of the new case law with you.

PolePosition2

what Sheffield County Court email address do I send my Witness statement 

Ive tried e-filing@sheffield.countycourt.gsi.gov.uk but it comes back as recipient address rejected

Shall I use enquiries.sheffield.countycourt@justice.gov.uk

Also is an e signature acceptable on a witness statement

thanks