DCB legal ltd solicitors court claim letter

Wolfie1111

20. The Claimant seeks to recover an additional £50 described as “legal representative’s costs”. On the Small Claims Track, such costs are recoverable only to the extent expressly permitted by CPR 27.14, and the Claimant has not demonstrated that this sum falls within any recoverable category.

21. This position is supported by the Supreme Court decision in ParkingEye Ltd v Beavis [2015] UKSC 67 (Exhibit C) and the High Court decision in ParkingEye Ltd v Somerfield Stores Ltd [2011] EWHC 4023 (QB) (Exhibit D), which confirm that additional administrative or collection costs beyond the parking charge are not recoverable.

22. The £50 claimed represents an attempt at double recovery, is unsupported by statute, contract, or rule of court, and amounts to an abuse of process.20. The Claimant seeks to recover an additional £50 described as “legal representative’s costs”. On the Small Claims Track, such costs are recoverable only to the extent expressly permitted by CPR 27.14, and the Claimant has not demonstrated that this sum falls within any recoverable category.

21. This position is supported by the Supreme Court decision in ParkingEye Ltd v Beavis [2015] UKSC 67 (Exhibit C) and the High Court decision in ParkingEye Ltd v Somerfield Stores Ltd [2011] EWHC 4023 (QB) (Exhibit D), which confirm that additional administrative or collection costs beyond the parking charge are not recoverable.

22. The £50 claimed represents an attempt at double recovery, is unsupported by statute, contract, or rule of court, and amounts to an abuse of process.

Wolfie1111

So this is wrong?

Gr1pr

Its not the £50 , its the added fictional charge on the of the pcn charge  ( which is never £50 )

As coupon mad mentioned earlier,  the £50 shown in the total on the claim form IS ALLOWED. !

Hint,  look in the POC

1505grandad

"Car Park Management Services Ltd v Akande (HHJ Evans, 10 May 2024) (Exhibit . "

There is no "s" on the end of "Service"  -  see the Judgment doc you are actually exhibiting.

Wolfie1111

20. The Claimant seeks to recover additional costs in connection with this claim, described in the Particulars of Claim as “legal representative’s costs” or similar. On the Small Claims Track, such costs are recoverable only to the extent expressly permitted by CPR 27.14, and the Claimant has not demonstrated that any such sum falls within a recoverable category.

21. This position is supported by the Supreme Court decision in ParkingEye Ltd v Beavis [2015] UKSC 67 (Exhibit C) and the High Court decision in ParkingEye Ltd v Somerfield Stores Ltd [2011] EWHC 4023 (QB) (Exhibit D), which confirm that administrative, collection, or legal costs beyond the parking charge are not recoverable on the Small Claims Track.

22. Any additional costs claimed are therefore unsupported by statute, contract, or rule of court, and may constitute an abuse of process.

Wolfie1111

Thank you for patience in advance 

Is this something i could use, it did say its compliant with POC

Coupon-mad

"described in the Particulars of Claim as “legal representative’s costs” or similar."

No they aren't.

As I already said: legal fees are not the costs you can object to. Surely you know from your defence (and from reading any thread) which fake costs/damages were added on top of the PCN?

Wolfie1111

Unreasonable Charge

The ‘Principal Balance’ Costs as set out in the Claimants Statement of Account section within the Letter before Claim do not show how such costs have been accrued and calculated. I highlight this attempt at ‘double recovery’ to the Court as it shows a blatant disregard for the process by using the threat of a County Court Judgement to extort sums not entitled. An ‘abuse of the process’ such as this is not tolerated. (Excel vs Wilkinson G4QZ465V)(See Exhibit 03).

Wolfie1111

I checked examples and they all mention additional unfair charges or fees , so tried not to name any sums of money but i guess that is wrong again

Gr1pr

Look at the claim form and break down the amounts claimed into figures,  starting with the original pcn charge issued by the parking company claimant,  known as an invoice,  how much did they charge on the pcn invoice. ?

Now look at the POC,  how much was claimed in the POC . ?

Is there a difference. ?

So how much is in the top box of the total claimed. ?  What are the 3 figures making up that total. ?