Civil Enforcement (CEL) Defence - Help please

System

An application under CPR 27.14 (2)(g) would cost £100 - but if you were to raise a simple new claim using MCOL for costs now instead it would be £25. It would probably be an easier sell than 27.14 too.

Depends if you want another 6 months of paperwork.

Peperlini

Thanks @http://forums.moneysavingexpert.com/member.php?u=2350979

That!!!8217;s an interesting idea, but you are right - I just don!!!8217;t think I can invest any more brain power in this.

Plus, even if I only pay £25 on MCOL, if I don!!!8217;t get anywhere with it, that!!!8217;s only £5 less than the original ticket. This would smart a bit when I!!!8217;ve done nothing wrong.

Thanks anyway, hopefully others will get a more sympathetic judge and be successful!

Peperlini

Not sure what!!!8217;s happening with my apostrophes!!

Le_Kirk

Peperlini wrote: »

Not sure what!!!8217;s happening with my apostrophes!!

Are you using an Apple device with "Smart" Punctuation turned on?

Peperlini

YES!!! Thank you Le_Kirk - I never would have found that on my own :rotfl:

Loadsofchildren123

Only just seen this peperlini.
I've looked at Rule 38.6 and the judge got it wrong. 38.6 (set out below) says that it is automatic on a discontinuance that the D gets costs, and 38.6(3) says that this doesn't apply in small claims.
The fact that you applied and made out all the arguments under the failure to comply with pre-action protocol and under the 27.14.2(g) unreasonable behaviour provisions clearly conceded that the court only had a discretion to award you costs (ie they were not an automatic right under 38.6). Anyway, you put up a good effort!

38.6
(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.
(2) If proceedings are only partly discontinued !!!8211;
(a) the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and
(b) unless the court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.
(3) This rule does not apply to claims allocated to the small claims track.