1 Big Car Park, 2 landowners, Valid parking ticket but Parking Charge Issued

thank you Umkomaas for the info.

Costs I will go for (first 2 if they discontinue late or feel I can potentially try due to bad behaviour) are:
1) Research and preparation of defence as litigant in person @£19 per hour,
6 hours. Total £114

2) Printing of 3 copies of witness statement and skeleton argument and postage
Estimate £25.

3) One day off work to attend hearing @£23 per hour X 4 hours
£92

2) Mileage driven to attend court and return
18.8 miles @ £0.45 per mile
£8.46

3) Car parking on day of hearing
£5

4) Land registry search fee
£4

Total costs claimed £109.46 (without the extra costs).

In light of Kezza15 winning today under thread
http://forums.moneysavingexpert.com/showthread.php?t=5642721&page=3#topofpage

Which is the same car park and same problem as mine how can we use this to my advantage.

She has Volunteered to do a witness statement saying no fence there for instance but is this too late when my hearing is a week on Thursday?
Quote her case in my skeleton argument?
Anything else?

My draft drop hands offer what do people think->


Without Prejudice, Save as to Costs
To whom it may concern

I am writing in regards to Claim Number XXXXXX, PCN Number XXXXXXXX which goes to court on Thursday XXXX October. For 5 days only from the date of this letter I am prepared to accept a 'drop hands' arrangement to settle the case and save court time in unnecessarily dealing with this. Please respond by Thursday 5th October 5PM after which I will be pursuing punitive costs at the hearing.

Your court evidence is woeful and I have identified a number of very surprising issues that I look forward to drawing attention to the judge when cross-examining the witness. I believe these could prove very important.

I am aware of your recent court appearance Claim number D4GF90W8 at St Helens Court yesterday, a very similar case in the same car park, which was dismissed by the Judge.

I am confident in my arguments as detailed in Defence and Witness Statement and that the judge will rule in my favour. As detailed in my defence the Car park at XXXX St was not demarcated in any way, and no signs, to stop people travelling from the council part to your part which is against IPC CoP guidelines. The Judges in the Beavis case stated CoP guidelines must be followed in law. All of this will be explained to the judge. If you would like me to elaborate I will be happy to explain.

The Claimant is invited to withdraw his claim with no order for costs. This is a "drop hands" offer to settle with each party bearing their own costs. The offer is available for acceptance for a period of 5 days from the date of this letter.

The terms of the offer have value to the Claimant insofar as the defendant will not seek his costs of defending the action.

If the offer is not accepted, the defendant will seek to claim his costs of the defence and additional costs for unreasonable conduct pursuant to CPR Part 27.14 (2) (d) (e) (g) as per below.

(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 –

(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;
(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

If we are unable to resolve this via a 'drop hands' arrangement, I will be seeking a punitive cost order against the claimant. Already my costs amount to £97.46 (as per the attached schedule), but I will be seeking further costs in view of the claimant's evident unreasonableness in pursuing me.

<defendant name>