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

[FruitSalad1010]

Point 13. Are legal costs definitely capped at £50 or is it rather that costs are awarded at the discretion of the judge in accordance with civil procedure rules, and that a defendant can rightfully ask for a breakdown of said costs and challenge them if necessary? I wouldn't want an affirmative but potentially incorrect statement to undermine the point you are making.

 

They can seek whatever they want in costs but it doesn't mean it will be awarded.

Edited October 24, 2021 by FruitSalad1010

[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

[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