**DISCONTINUED** County Court Business Centre Letter Received

[OliverJames]

Re: County Court Business Centre Letter Received

They seem to be digging themselves a deep hole.

[MENTION=5553]charitynjw[/MENTION] i just got off the phone to the court. They have given me a hearing date: 27th April @ 11:30am!

So I think the next stage is to get my witness statement drafted? I have got the paperwork coming out to me over the next few days apparently? Not really sure what the next steps are haha!

Glad they have given me a date now through...its taken forever to get to this point!

[Amethyst]

Re: County Court Business Centre Letter Received

Yes next stage will be exchange of witness statements and documents to rely on. Normally the directions are for these to be exchanged 14 days before the hearing, but check the letter carefully when it arrives, it is usually stated on the second page.

There's some basic examples of Witness Statements here - > http://legalbeagles.info/forums/show...ness-Statement -> just so you can see the kind of content and way they are set out.

[Amethyst]

Re: County Court Business Centre Letter Received

Okay maybe stupid questions here I had a look back through the thread so have probably missed some stuff or made stuff up in my own head...

The Car Registration quoted was that of a Car you scrapped before the parking infringment in 2015.
That car was never registered at your parent's address in any case.
They have not provided a picture of the car or mentioned the make/model of the car in their claim / any other documents ?

[OliverJames]

Re: County Court Business Centre Letter Received

The Car Registration quoted was that of a Car you scrapped before the parking infringement in 2015.

The car was scrapped in 2016, a year after the alleged infringement.

That car was never registered at your parent's address in any case.

The car had always been registered at my parents address. I have moved house a lot with my wife and kids over the last 6yrs while we were saving to buy our own place. It made sense to keep the car registered at my parents as the reminders were always sent there and they would tell me the second something came through so i wouldn't get fined by the DVLA

They have not provided a picture of the car or mentioned the make/model of the car in their claim / any other documents

No, nothing mentioning the car in question, just the registration plate

[Amethyst]

Re: County Court Business Centre Letter Received

Ahhhh, I was wondering why it wasn't mentioned in your defence, as I was misunderstanding your first few posts on the thread ( before you had the situation figured out) that will be why - carry on...

[charitynjw]

Re: County Court Business Centre Letter Received

[MENTION=61850]OliverJames[/MENTION]

Some movement at last, then!

Wait for the court directions to come through & we can take it from there.

Basically, a witness statement is pretty much just a timeline of events, with supporting documentation/evidence (eg "As registered keeper of vehicle reg (XXX) I received (YYY) on (date ZZZ) [Exhibit OJ1].......that sort of thing.
A WS shouldn't really contain any intricate legal argument (but the odd bit 'slipped in' won't harm! )
Later on you can do a skeleton argument, if necessary.

CEL court claims are dropping like flies atm. Obviously you can't rely on that happening...it ain't over 'till it's over.

[OliverJames]

CEL court claims are dropping like flies atm. Obviously you can't rely on that happening...it ain't over 'till it's over.

'tis over charitynjw me 'ol chum! Received the attached this weekend. The idiots even sent it to the incorrect address. I swear they've paid no attention whatsoever the entire time this has been going on!

[charitynjw]

'tis over charitynjw me 'ol chum! Received the attached this weekend. The idiots even sent it to the incorrect address. I swear they've paid no attention whatsoever the entire time this has been going on!

You fought & you won! Good stuff!*

I'll let Kati know for info.

I'd send an email to the court with a copy of the discontinuance attached, just in case.

Are you going to try for costs?

(*That's me being polite with expletives on open forum)

[OliverJames]

Are you going to try for costs?

Has they sent the letter to my address.....that being the same address the court have been using and communicating using, including communications that they have been included in, then probably not. But they didn't, and as such i want to make them suffer and squirm a bit!

What's the process for going for costs? I will get cracking on that first thing tomorrow....

Thank you and ostell so much for all your help on this...you have been amazing and uber responsive! Couldn't have asked for better advice...

[Pipsy]

Thats brilliant new Oliverjames hopefully i hear something like that too ...regards Pipsy

[charitynjw]

What's the process for going for costs? I will get cracking on that first thing tomorrow....
In the email to the court (discontinuance copy), put a paragraph asking the courts to consider costs for CELs unreasonable behaviour throughout the proceedings. Give various examples.
Cite CPR 27.14(2)(g).
Attach a schedule of costs. (Time spent (you can ask for up to £19/hr....but be reasonable), incidentals (postage, copying docs etc).
The amount should be proportional to the case.
You might get it, you might not......but if you don't ask.......

Thank you and ostell so much for all your help on this...you have been amazing and uber responsive! Couldn't have asked for better advice...

####

[Kati]

Congratulations OliverJames

Well done. to charitynjw and ostell too xx

[OliverJames]

In the email to the court (discontinuance copy), put a paragraph asking the courts to consider costs for CELs unreasonable behaviour throughout the proceedings. Give various examples.
Cite CPR 27.14(2)(g).
Attach a schedule of costs. (Time spent (you can ask for up to £19/hr....but be reasonable), incidentals (postage, copying docs etc).
The amount should be proportional to the case.
You might get it, you might not......but if you don't ask.......

I may have a few questions about this....but in the first instance I have attached the notice of discontinuance. Is this the document that i need to email to the court along with a request for costs? If so, i will start to draft my costs sheet up now. Do you know if any examples that have been produced that I could take some inspiration from?

Thanks for everything!

[MIKE770]

cost what would you hope to claim back on???

[charitynjw]

I may have a few questions about this....but in the first instance I have attached the notice of discontinuance. Is this the document that i need to email to the court along with a request for costs? If so, i will start to draft my costs sheet up now. Do you know if any examples that have been produced that I could take some inspiration from?

Thanks for everything!

Hi OliverJames

This (below) is an example of a costs schedule used by solicitors.
You wouldn't need to submit anything near as detailed, but it gives you an idea & may provide inspiration.
I'll give Amethyst a nudge for more suggestions.

https://formfinder.hmctsformfinder.j...k/n260-eng.pdf