Small claim against me even though paid fine

[Deleted User]

Thank you so much, should I also add something about dismissing their claim as if I’m successful with getting a judgment then surely their claim must fail?

Thanks

Paragraph 1 of the draft order refers.

Umkomaas

Hayles31 wrote: »

Also for some reason I’ve had a letter from court saying that given my claim was 300 that I’ve overpaid the court fee and they have reimbursed me 10 pounds. I’ve checked my paperwork and I definitely stated 500 so not sure what’s happened. Paid 35 and they say I should have paid 25

Phone the court (was it the CCBC that returned your £10) and get them to check what’s happening.

Loadsofchildren123

The_Deep wrote: »

I invite your client to withdraw the claim within the next 7 days (ie by x date). If it does not do so then I will make and pursue my counterclaim without further notice.

LOC, the above seems to be giving the PPC a free get out of jail card if they cancel the charge.

Surely this cannot be right, the PPC needs a good kicking, why give them a free pass?

It was at the time intended to be a drop hands offer, but the 7 days has long gone.


Most posters would prefer a drop hands offer that a PPC is more likely to accept rather than to try to make them drop the claim but still pay them damages for DPA/harassment counterclaims.

The_Deep

Most posters would prefer a drop hands offer that a PPC is more likely to accept rather than to try to make them drop the claim

I would take issue with your use of the word "most". I suspect that most posters would like to give the PPC as much grief as possible.

A drop hands or Popla win which costs the motorist several wasted hours is not a win at all. A court victory with £95 back is often an even worse deal.

Loadsofchildren123

But a PPC is more likely to walk away rather than do that AND have to shell out. A few posters have the time and guts to make a stand, but the majority just want it to go away. A drop hands offer is most likely to achieve this.

Hayles31

To be honest I would have preferred them to have just gone away, I could do without the hassle but they left me with no choice after failing to drop it. I will now pursue though. I think it strengthens my case anyway offering them a drop hands as shows how reasonable I have been.

Just a thought, should I add about harassment to the order in respect of damages?

It’s been transferred to my local court and they have refunded so will call tomorrow to see why

Loadsofchildren123

Hayles31 wrote: »

Just a thought, should I add about harassment to the order in respect of damages?

That the Claimant having failed to submit a Defence to the Defendant's Counterclaim, do pay to the Defendant within 7 days of this Order the sum of £500 in respect of damages for breach of the Data Protection Act 1998 and misuse of personal data and for breach of the Protection from Harassment Act 1997 as claimed.

I've amended the wording - assuming you included the PHA counterclaim then yes you should include it here.

Hayles31

Morning all

Spoke to the Court this morning, they have refunded me by mistake and so returning cheque.

I asked if they had received a defence to counterclaim which they said not but have received a notice of discontinuance from the Claimant. I haven’t formally been notified so shall I submit my DQ as normal and also request judgment. I take it from reading other posts I won’t get my coats of defending the original claim?

Thanks

Loadsofchildren123

Fantastic. Another one bites the dust.


Don't bother returning the DQ then, you'll get a copy of the discontinuance.


Costs - these are still "live" and you are entitled to apply if a C discontinues. So do a costs schedule and a letter to the court asking it to award you costs under R27.14(2)(b).


Your counterclaim is still live. As a defence has not been claimed you need to apply for judgment in default of a defence. You need to read Rule 12 and Practice Direction 12 and Rule 20. If you go to the MCOL guide it tells you what to do
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/639667/MCOL_Userguide_for_Claimants_August_2017.pdf


Pages 17 onwards tell you what to do. You can either do it through the MCOL portal, or you can manually complete a Form N255. No fee needs to be paid. I'm not sure how well the system is set up to handle default judgment on counterclaims, you may have to phone MCOL for help.

Loadsofchildren123

In your letter on costs you want to demonstrate their unreasonableness (you paid, you produced evidence you'd paid on x occasions, they still pursued you regardless, you had to go to the expense and trouble of researching and defending and counterclaiming. Then they discontinued out of the blue. Their conduct was unreasonable and you should be granted costs).


Have a go at drafting it and post it here for help.


Do the default judgment request first though.