fluttering ticket going to court

Loadsofchildren123

https://forums.moneysavingexpert.com/discussion/comment/74043870#Comment_74043870

claxtome

Claxtome, go to peperlini's thread and use her precedents to apply for costs. You'll see the court wouldn't give her costs, but it was worth a try and in fact the court was wrong (see my post - I think you should probably insert into the letter that the quoted rule doesn't apply to this scenario). I'll try and post a link in a minute.


The costs you need to apply for are your costs of preparing your defence, WS and all the prep you did for court, site visits, stationery, postage etc.

Not read the thread or looked at the link yet.
Will do tonight and follow whatever it suggests.

Can you still claim the costs you mention even if you submitted your costs at court for effectively the 'expenses for the day in court' = £110?

nosferatu1001

YEs, because their discontinuance so late in the day is clearly unreasonable
The costs of the day were ordinary costs you can claim
Unreasonable behaviour can lead to additional costs beign awarded.

Loadsofchildren123

Yes. You can say that withdrawing less than 24 hours before the hearing is unreasonable behaviour. They have no new information at all - they've had your defence and your WS since [x date], and although you sent new information about the signage on [x date] this was clearly information already within their knowledge and possession (given that it relates to their own signage, of which they are obliged by the IPC CoP to keep meticulous records). So the facts upon which they decided to discontinue have been known to them for weeks and months, and there is simply no explanation for why it took until less than a day before the hearing for them to withdraw.


You only need to read the last posts on that thread - the early ones relate to the case, it is the later ones that relate to the costs application. The judge rejected the claim, misapplying a particular rule (can't remember which off the top of my head), I think you should see off the possibility of the same happening to you by quoting that rule and making it clear that it does not apply to your costs claim.


A letter/application in writing won't take a great deal of effort. It may well not succeed but I think it's worth trying.


Well done for seeing off number 2!

Castle

Loadsofchildren123 wrote: »

You only need to read the last posts on that thread - the early ones relate to the case, it is the later ones that relate to the costs application. The judge rejected the claim, misapplying a particular rule (can't remember which off the top of my head), I think you should see off the possibility of the same happening to you by quoting that rule and making it clear that it does not apply to your costs claim.

Your Post No 77 I'm presuming:-
https://forums.moneysavingexpert.com/discussion/comment/74043849#Comment_74043849

Loadsofchildren123

yes. what that rule says is that on a discontinuance it is AUTOMATIC that the other party gets costs. But this doesn't apply in small claims. That doesn't mean that the court has no power to award costs, it means it's not automatic. So Rule 38 doesn't prevent the court from exercising its discretion under 27.14(2)(g) and the Practice Direction/Protocol, to award costs. To ensure that whoever reads your application doesn't misapply Rule 38, I'd just add in a mention of it in your application along the lines of "Rule 38 says...... however the court still has a discretion under rule 27.14(2)(g) and the Practice Direction - Pre-Action Conduct to award costs and that includes costs made following a discontinuance. It would be against the rules of natural justice for a claimant to seek to avoid the risk of a costs order by discontinuing at the last minute, leaving the defendant unable to pursue his costs.

nosferatu1001

Especially if, as is usual, loss of leave has happened anyway - loss of pay maybe less provable, but with less than 24hours to go ime off, unpaid or leave, has been organised for ayone not self employed.

bargepole

nosferatu1001 wrote: »

Especially if, as is usual, loss of leave has happened anyway - loss of pay maybe less provable, but with less than 24hours to go ime off, unpaid or leave, has been organised for ayone not self employed.

I had a similar situation with a late discontinuance notified by Gladstones.

I got the client to send them a costs schedule for £360, based on the fact that the case all revolved around signage, and their client had previously lost a case involving exactly the same signage, which they would have known about right from the start.

They made an offer of £180, which the client accepted.

Loadsofchildren123

bargepole, do you know what happened with this case in the end?
http://parking-prankster.blogspot.co.uk/2017/06/c3gf78fe-parking-property-management.html

beamerguy

claxtome

Great news ...... do claim for your costs.

Another Gladstones load of rubbish bites the dust again