Small claim against me even though paid fine

Loadsofchildren123

Hayles31 wrote: »

thanks, I sent the claimant the defence/counterclaim without a response pack which would have been deemed served on 24 October, the court sent response pack to them on 25 October so that's why I have said that. Not sure how to word as I take it I should allow them the time from when they would have received the response pack rather than my defence?

OK, so you say this, or something like it:


I served the Counterclaim under cover of [x 20?] October and the court sent it to you with the Response Pack on 25 October. It was therefore deemed served by the court on 27 October (although one might argue it was deemed served on 24 October, 2 working days after I had posted it).

Loadsofchildren123

Hayles31 wrote: »

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

yes you're right, everything to your local court now

Loadsofchildren123

I think your costs are a bit light. 2 hours for drafting is a very small amount of time. You probably spent many more hours, obviously your claim has to be reasonable but I think you should bump it up to at least 5. Not that it makes much difference at £19 per hour....

Hayles31

the claimant's letter is marked without prejudice so I take it I cant send to the court?

Loadsofchildren123

Oh, OK, no you can't.


However..... you can't make something privileged just by bunging the words "Without Prejudice" on it. It has to have privileged quality.
So for instance facts are not privileged. Offers are.


I actually don't see any part of this letter as being privileged.


So I think you can say to the court that the C has conceded that the payment was made but not enclose the letter.


On the response to Gladstones, I'd say something like "Your letter is headed "without prejudice" although I cannot see what part of it is actually subject to privilege - certainly the fact that your client has now found my payment is, as a fact, not subject to any privilege".

Loadsofchildren123

Any progress Hayles31?

Hayles31

Hi, not yet, last I heard was that it had been referred to the judge although at that point the parking company hadn’t filed a defence still. Will let you know when I hear. Thanks

Hayles31

Received judgment in default for 535, will have to wait and see if pay. Doesn’t seem court dealt with costs.

Thanks again

Loadsofchildren123

sorry, we all seem to have missed this. Well done!
They've given you the £500 you asked plus your counterclaim costs of £35.


If you want to pursue the costs of the discontinued main claim against you, write to the court again and say that the claim was not pursued and therefore you are entitled to costs, and enclose your costs schedule again. Say you have sent a copy of the letter to the Claimant's solicitors and do that.

Hayles31

Unfortunately no payment received, deadline was 24 November. Looks like will have to enforce.