Small claim against me even though paid fine

Loadsofchildren123

You should end up £500 richer here (or more if you get the costs order). I can't wait for this to play out. You'll be glad now it didn't "go away"..... why oh why didn't they accept your drop hands offer?

The_Deep

why oh why didn't they accept your drop hands offer?


Almost certainly because they are issuing more claims than they can handle. Or they pay in peanuts.

Loadsofchildren123

OP, I'd advise you to write sooner than later in case CEL wake up and realise what they've done! Post a draft up here for comment if you'd like input.
You can say that the discontinuance at this stage clearly shows that they acknowledge their claim should never have been made, as an illustration of their unreasonable behaviour costs-wise.

Hayles31

This is my letter to the court:




I am the Defendant in this matter.





Please find enclosed:

• Request for judgment in Default and draft Order
• Return fee of £10 which was refunded to me by the Court in error (the counterclaim is for £500 and not £300)

The Claimant has failed to file a defence to the counterclaim and I therefore request the Court enters judgment in default.





I have also received a notice of discontinuance from the Claimant’s solicitors for the initial claim. The Claimant’s claim was completely unreasonable given that payment had previously been made for the parking charge notice and so claim should never have been made and at various points I brought the fact of payment to trhe Claimant and their solicitors attention but all correspondence has been ignored. |itherefore request th Court orders that the Claimant pays my costs so far incurred (these amount to 7.5 hours of time at the hourly rate of a litigant in person at £19 allowed by Rule 27.14(2), so a total of £142.50).



The reason I am asking the court to make this order is:



1. I paid the debt which the Claimant asserts is still owed on 14 March 2017.



2. This is evidenced in a bank statement which shows payment was made. I enclose a copy.



3. I have told the Claimant and its solicitors repeatedly that I paid the debt, and have produced the evidence at paragraph 2 above. I enclose copies of the emails/letters.





4. I gave the Claimant many opportunities to not bring the claim and even discontinue the claim without consequence.





5. The Claimant has completely ignored these emails/letters (which it should have responded to in order to satisfy its obligations set out in paragraphs 3, 6 and 12 of the Practice Direction - Pre-Action Conduct).





5. I have had to go to the expense and trouble of researching, defending and counterclaiming which the claimant could have avoided.



5. Put simply, there was no cause of action. No debt existed. Therefore the Claimant’s conduct is completely unreasonable and costs should follow.

Hayles31

I also received a letter from gladstones enclosing the discontuance staying that they have now found my payment and there was some sort of error when received which the claimant had no way of confirming. They also refer to my counterclaim staying not valid as their client is entitled to obtain details from DVLA (I know this is not correct as they had no reasonable cause even if error and furthermore even if they get away with that they still continued to pass my details on to their solicitors and the court despite various emails I sent stating I had paid so that amounts to a breach too. They have also failed to note that I am also claiming harassment) They also say I haven't provided details of my loss (They will know that this will from part of my WS) and have asked that I discontune with no order as to costs and welcome confirmation this has been done

Hayles31

The judgement default form isn't really set up fro a counterclaim so do I still name myself as the defendant?

Hayles31

sorry I should also add my claim is now at my local court so I assume I send everything to there rather than the CCBC

Hayles31

I mean claimant's claim transferred so I take it my counterclaim was too

Hayles31

I was going to sned this draft order with the judgment in default form:




Draft Order

• 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.
  
• The Claimant do pay the Defendant's Court costs of £35

Loadsofchildren123

Hayles31 wrote: »

This is my letter to the court:




I am the Defendant in this matter.

Please find enclosed:

• Request for judgment in Default and draft Order
• Return fee of £10 in respect of my counterclaim which was refunded to me by the Court in error (the counterclaim is for £500 and not £300)

My Defence and Counterclaim was served on x date. The Claimant should have filed a defence thereto by x date (Rule 15.4). The Claimant has failed to file a defence to the counterclaim and is now out of time to do so and I therefore request the Court enters judgment in default.


I have also received a notice of discontinuance from the Claimant’s solicitors for the initial claim. The Claimant’s claim was completely unreasonable given that payment had previously been made for the parking charge notice and so claim should never have been made and at various points I brought the fact of payment to trhe Claimant and their solicitors attention but all correspondence has been ignored. However, on x date I received a letter from the Claimant's solicitors that effectively admits that such payment was received and there was therefore no claim. I therefore request the Court orders that the Claimant pays my costs so far incurred (these amount to 7.5 hours of time at the hourly rate of a litigant in person at £19 allowed by Rule 27.14(2), so a total of £142.50 - this is broken down as follows [make some effort to break the time down between the different documents (reading theirs and drafting your own), letter writing and legal research]).



The reason I am asking the court to make this order is:



1. I paid the debt which the Claimant asserts is still owed on 14 March 2017.



2. This is evidenced in a bank statement which shows payment was made. I enclose a copy. This evidence was provided to the Claimant as early as x date.


3. I have told the Claimant and its solicitors repeatedly that I paid the debt, and have produced the evidence at paragraph 2 above. I enclose copies of the emails/letters.



4. I gave the Claimant many opportunities to not bring the claim and even discontinue the claim without consequence. I enclose a copy of my "drop hands offer" dated x [privilege over this has now gone, since the case has ended].





5. The Claimant has completely ignored these emails/letters (which it should have responded to in order to satisfy its obligations set out in paragraphs 3, 6 and 12 of the Practice Direction - Pre-Action Conduct).





5. I have had to go to the expense and trouble of researching, defending and counterclaiming which the claimant could have avoided. Indeed, the Claimant has now admitted it knows that I paid, with no satisfactory explanation for why this could not be confirmed by them much earlier.



5. Put simply, there was no cause of action. No debt existed. Therefore the Claimant’s conduct is completely unreasonable and costs should follow.

comments above.