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#Post#: 2327--------------------------------------------------
Costs incurred.
DIR By: guest303
Date: August 1, 2023, 10:03 am
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Can a member of the public that appeals and 'wins' civil penalty
charge notices etc claim reasonable personal costs ie time spent
investigating/writing out appeal etc, I'm pretty sure that years
a go members of the public could charge £17.50 per hour for
their time.
#Post#: 2329--------------------------------------------------
Re: Costs incurred.
DIR By: guest179
Date: August 1, 2023, 10:58 am
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Costs
13.—(1) An adjudicator must not normally make an order awarding
costs and expenses.
(2) But, subject to sub-paragraph (3), an adjudicator may make
an order awarding costs and expenses—
(a)against a party (including an appellant who has withdrawn an
appeal or an enforcement authority which has consented to an
appeal being allowed), if the adjudicator considers that—
(i)the party has acted frivolously or vexatiously, or
(ii)the party’s conduct in making, pursuing or resisting an
appeal was wholly unreasonable;
(b)against an enforcement authority, where the adjudicator
considers that the disputed decision was wholly unreasonable.
(3) An order must not be made against a party unless that party
has been given an opportunity to make representations against
the making of the order.
(4) An order must require the party against whom it is made to
pay to the other party a specified sum in respect of the costs
and expenses incurred by that other party in connection with the
proceedings.
So the answer to your question is yes, costs may be awarded. But
these are exceptional. Do the facts of your case - the factual
and procedural not just whether your appeal was allowed- meet
the threshold test for costs?
Post your case number(if London) and we can have a look.
#Post#: 2330--------------------------------------------------
Re: Costs incurred.
DIR By: Pastmybest
Date: August 1, 2023, 11:01 am
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The normal rate now is £19 per hour but the bar for the awarding
of costs is very high. The council would need to be either
vexatious, frivolous or wholly unreasonable in the prosecution
of the PCN and the amount claimed would also need be sensible.
Beware that the council can also claim costs from you if you act
in the above ways in defending the claim
#Post#: 2435--------------------------------------------------
Re: Costs incurred.
DIR By: ivanleo
Date: August 2, 2023, 12:59 pm
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Do to
HTML https://docs.google.com/spreadsheets/d/1pVrE76_RYY6bNmEpYGbsZkxtpfIeud_BT3SKfg7TzQM/edit#gid=642784037<br
/>and search for "costs", there's a number of decisions both
from
London Tribunals and from the Traffic Penalty Tribunal.
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