VCS Spycar PCN PAPLOC Now Claimform - No Stopping 47) STOPPING IN A RESTRICTED BUS STOP /STAND Robin Hood Airport Doncaster

[FTMDave]

Yes, legal costs are capped at £50 for the amount VCS are claiming.

 

They could only be awarded further costs if the judge decided the OP had behaved unreasonably in litigation.

[FruitSalad1010]

Yes I see that under CPR 45.2 Table 1. While the court has the authority to cap the costs, I'm not sure that means the claimant is obliged to claim in accordance with table 1. It is simply that whatever they seek is likely to be capped except in the circumstances you state. VCS likely see it as a free bite of the cherry to claim £220, after all the defendant may - although probably not - act unreasonably and their claimed costs may - although probably not - get awarded.

Anyway minor point and unlikely to affect the outcome - good luck.

 

I think it is only fair to make a suggestion - which can be freely disregarded and perhaps this is splitting hairs.

 

13. Furthermore, as per another letter dated 30th July 2021, the Claimant wrote, ‘Should you fail to accept our offer of settlement then we will proceed to Trial and bring this letter to the Court’s attention upon question of costs in order seek further costs of £220 incurred in having to instruct a local Solicitor to attend the hearing in conjunction with the amount claimed on the Claim Form.’

 

I find this an extraordinary statement given the Claimant knows legal costs are capped at £50 in accordance with CPR 45.2 (Table 1). The fact the Claimant made no reference or justification for seeking legal costs above this cap - despite being legally trained - leads me to believe the letter was instead a deceitful attempt to intimidate the Defendant into payment rather than a justified claim for costs.

 

I believe this omission, be it negligent or deliberate is evidence the Claimant has acted unreasonably towards the Defendant and the Defendant is therefore justified to make their own request to the court in accordance with CPR 27.14 (2) (g) to award their full costs outlined below to be paid by the Claimant.

Edited October 24, 2021 by FruitSalad1010

[notpayingapenny]

one last question as i go to post ... do i sign the copy of the ws to vcs or send it unsigned?

[dx100uk]

You can sign it yes.

 

Dx

 

 

 

 

[notpayingapenny]

10 hours ago, FruitSalad1010 said:

"the Defendant is therefore justified to make their own request to the court in accordance with CPR 27.14 (2) (g) to award their full costs outlined below to be paid by the Claimant."

sounds brilliant but though I like the idea, I am not sure what full costs to ask the court for here and what costs to outline.

20 minutes ago, dx100uk said:

You can sign it yes.

 

Dx

 

 

 

 

thanks

[AndyOrch]

Costs under CPR 27.14 (2) g are by way of summary assessment and not really applicable...otherwise any costs (out of pocket) are fixed costs within Small Claims Track apart from 27.14 . ( 2 )  d

 

(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;

Andy

[FruitSalad1010]

I would start with litigant in person costs at £19 per hour as provided for by CPR 46.5 (4) (b) and detailed in Litigants in persons: rule 46.5 (3.4).

 

VCS are willing to threaten you with costs over and above a cap. In essence they have opened the door to the subject of costs in excess of the cap by broaching the subject first and provided you have sufficient justification I see no reason why you cannot simply ask the judge to award your costs. If it is denied then nothing lost, nothing gained, the same game they play but this time to your benefit not theirs.

 

I imagine you have spent several hours already preparing to defend this case, I would certainly document this time.

Edited October 25, 2021 by FruitSalad1010

[dx100uk]

dont forget if you have to take time off work even on a phone court appearance you can claim £90 loss of earnings

[notpayingapenny]

I wonder if there is anything else I need to do for Monday which is the hearing date?
Also, how could I claim the time off work if I work for myself without a registered business?

[notpayingapenny]

Case has been adjourned to the next available date as some supplementary WS was served to the courts but not to me. Claimant instructed to mail the supplementary WS within 24 days by post that they claim they sent to me but which I never received. Judge says costs are reserved.

 

Cheeky VCS wanted to "email" me the supplementary WS during the hearing and I refused to give them my address and told them I would not like to receive any emails from them and that they have been harassing me... so I was not interested. The judge said that without me having that document which they wanted to rely on then the case could not proceed if he was to be fair!

[dx100uk]

Shrewed judge

bet the sws is total bs and lies or fake paperwork

 

Dx

[lookinforinfo]

Well done for not allowing them to email you during the hearing. That is why we ask our members not to allow them the use of your email address precisely because they will try and ambush you.

Your WS obviously worried them hence the supplementary WS  so you are best to study what they say in the new WS that may conflict with their original and how to refute it. And in the middle of a Court hearing is not the place to do it.

But it might mean that in your supplementary WS we can slip in that VCS have  reecntly been fined £1000 for ssuing a PCN on a Council maintained road.

 

Edited November 8, 2021 by lookinforinfo

[notpayingapenny]

I was confident that my WS would have knocked them out! Maybe I should have left it for the last minute and sent it via a disposable email address last Friday by 12 noon! They would have been left without a chance to mess around and try to build supplementary nonsense!

I am sure with you guys backing me up we shall defeat them with their extortion!

[notpayingapenny]

A month ago the judge ordered VCS to mail the additional/supplementary witness statement they had against me within 14 days. I never received any to date. I hope that now the judge will just throw the case out.

[dx100uk]

Ring the court and tell them vcs has failed the judges order

you should have done that on day 15.

[notpayingapenny]

I rang them and they say I should email them for them to act. I told them I will send a printed letter instead.

[LittleDevil01]

I’ve read the whole thread with great interest……I’m now eagerly waiting the conclusion!

[dx100uk]

So are we all.. Court says do one thing...OP does another, poss adding weeks and introducing unnecessary delays.....

[notpayingapenny]

The case was adjourned to March 23.

 

Meanwhile I never received the supplementary WS from VCS. I emailed the court as instructed but never received any response to the email. A few weeks later I sent the same content that I had emailed to the court clerk and stated that I have not received any correspondence at all from VCS and that the court should just throw the case out and not allow VCS to continue wasting the court's time. I did not receive any reply from the court neither.

 

So now we are just almost 1 month before the hearing which was adjourned because of the missing supplementary WS and to date the supplementary WS is still missing! And I informed the court about this.

 

What, if anything should I do? I think I should just wait for 23 March and on that date state to the judge that I still never got the document since the last hearing.

[redeye]

Just wondering what the outcome of this case was. 

[notpayingapenny]

I was away for a few weeks

 

I returned in time for the hearing today which was due to take place by phone at 10:30am.

 

When I did not hear my phone ring until after 11am I called the court to ask what was happening. They said that I had not supplied them with a contact number.

 

I told them that the judge whom I spoke to last time confirmed the number with me  during that hearing as he adjourned it. They said they would call him and find out his instructions.

 

I did not hear from them anymore even though they confirmed that the number I rang them from was the number they could reach me on.

 

That is the latest news on this case.

[redeye]

Thanks. It all sounds very frustrating. 

[notpayingapenny]

CASE CLOSED - SIMPLE SIMON ORDERED TO PAY BY YESTERDAY!

 

I did not know what happened in court that day until now when I have received the attached letter! 

 

I seems to me that it is time to celebrate victory and to thank this forum experts for the tireless and selfless efforts they made in assisting me to fight this case!

 

Even the legal lingo in the letter leaves me confused when it states judgment was for the claimant of £100 but then goes on to state who must pay the total including costs of £210 as the same claimant! Then I understood and claimed the victory, not just mine but for all the hardworking folks herein!

 

Simple Simon lost and has to pay by the court by yesterday and with costs!!!!

I will forever be grateful and I will certainly make a donation to this group!!

 

 

VCS lost.pdf

[dx100uk]

i think the last line is wrong and should say the defendant pay.

you lost through non attendance

 

ring the court.

 

it says you did not supply a phone number.

 

 

[FTMDave]

I agree with dx.

 

Sadly you haven't won.