Parking Awareness Service (PAS) PCN

johjames

Umkomaas said:

Nice one, despite your frustration, a monkey off your back. 

It is now getting so predictable with almost all PPC/DCB Legal cases that are fully defended, end with an 'offer to settle' (especially with a FRO reply) then followed by a letter of discontinuation. Bullies and cowards in the same sentence!

Thank you Umkomaas, I still wish to seek costs to disincentivise them.  

Coupon-mad

You can try.  Unlikely, but see the example by @bluetoffee1878 in the NEWBIES thread, where he succeeded.

ANOTHER ONE BITES THE DUST!

johjames

Coupon-mad said:

You can try.  Unlikely, but see the example by @bluetoffee1878 in the NEWBIES thread, where he succeeded.

ANOTHER ONE BITES THE DUST!

I'll give it a shot CouponMad, thanks again for all your advice over the course of dealing with this.

johjames

I plan to email this letter to the Court in order to see if I can claim my costs, along with copy of my Witness Statement. I wasn't going to include the evidence referred to in my WS, because there's so very much of it. Any suggestions as to whether ths approach needs to be amended would be very welcome. As ever, thank you.

~~ To be put before Procedural Judge ~~ 

In the matter of: 

Parking Awareness Services Limited (Claimant)

and 

Dr. V. Strange (Defendant)

Claim Number: XXXXX 

Dear Sir or Madam, 

I received a notice of discontinuance from the Claimant on xx/07/2022, in relation to this claim.

CPR 38.6 states that the claimant is liable for the Defendant's costs after discontinuance (CPR 38.6(1)) but that this does not apply to claims allocated to the small claims track (CPR 38.6(3)). 

However, the White Book states (annotation 38.6.1): "Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (CPR 27.14(2)(g))." 

On this basis I would like to request a costs order to be made against the Claimant, given that they have behaved unreasonably throughout. The Claimant tactically discontinuing their claim at this late stage, despite them having known from the off that they had no cause of action, is further confirmation of their unreasonable behaviour. I provide my Witness Statement, which substantiates the Claimant’s unreasonable behaviour that predates this tactical, unreasonable late discontinuance and I draw the Court’s attention to para’s 65-70 (Page 23-24) of my Witness Statement, which references costs. 

I ask the Court to treat this letter as an application, as contained in CPR 23.3(2)(b).

As the Defendant, I encountered significant costs to prepare my Defence, Witness Statement and Defence bundle and the costs claimed are shown in the Summary Costs Assessment which I have submitted along with this letter. As a Litigant in person, I wish to claim the allowed £19 per hour (PD 46, 3.4) for the proportionate and reasonable items of work I had to undertake to deal with this claim, along with the costs of disbursements, all of which are detailed in the Summary Costs Assessment.

Yours faithfully, 

Dr. V. Strange

Defendant 

Coupon-mad

Very good.

If you used the template defence that has the point about discontinuance costs near the end of it(?) you could add that the Claimant knew from para xx of the defence x months ago, of the clear intention of the Defendant to claim costs in the event of late discontinuance.  A costs assessment was filed and served on xx/xx2022.

johjames

Coupon-mad said:

Very good.

If you used the template defence that has the point about discontinuance costs near the end of it(?) you could add that the Claimant knew from para xx of the defence x months ago, of the clear intention of the Defendant to claim costs in the event of late discontinuance.  A costs assessment was filed and served on xx/xx2022.

I did use the template defence, so thank for drawing this to my attention Coupon-mad. I haven't filed or served a costs assessment yet, so should I simply add 'A costs assessment was filed and served on 16/07/2022 (today's date)'?. Would you suggest emailing my entire Defence bundle (it's enormous!) to the court, or just my WS? 

Coupon-mad

What costs are you claiming?

I don't think you should email anything to court except your costs (broken down to each group of hours spent on x y and z).

johjames

Thanks Coupon-mad. I was going to email the Court my letter (above) for the Procedural Judge, along with my Summary Costs Assessment, below, which breaks down the costs I am claiming. Would it be better to submit by post? I had thought it might be helpful to submit my WS or Defence Bundle too, so that the Procedural Judge can see the amount of work that has gone into preparing for this case and because my WS references the Claimant's unreasonable behaviour. Do you not think that's necessary?

In the County Court at xxx 

Claim Number: xxx

Hearing Date: xx/xx/2022 

 

DEFENDANT’S SUMMARY COSTS ASSESSMENT

Costs for Claimant’s misconduct, pursuant to Civil Procedure Rule 44.11:

Research, preparation, drafting and completing Defence - 8 hours

Research, preparation, drafting and completing Witness Statement - 8 hours

Preparation, drafting and completing Trial Bundle - 4 hours

Total of twenty hours at Litigant in Person rate of £19 per hour: £380.00

Disbursements (receipts attached): £23.53

 

TOTAL COSTS CLAIMED £403.53 

 

Dr. V. Strange

16/07/2022

johjames

I hadn't submitted my Defence Bundle, which included my WS, to the court prior to the discontinuance. My amended letter to accompany the Summary Costs Assessment is below:

                                                                                                                                                                                     Acacia Avenue

                                                                                                                                                                                          16/07/2022

XXX County Court

~~ To be put before Procedural Judge ~~ 

In the matter of: 

Parking Awareness Services Limited (Claimant)

and 

Dr. V. Strange (Defendant)

Claim Number: XXX 

Dear Sir or Madam, 

I received a notice of discontinuance from the Claimant on xx/07/2022, in relation to this claim.

CPR 38.6 states that the claimant is liable for the Defendant's costs after discontinuance (CPR 38.6(1)) but that this does not apply to claims allocated to the small claims track (CPR 38.6(3)). 

However, the White Book states (annotation 38.6.1): "Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (CPR 27.14(2)(g))." 

On this basis I would like to request a costs order to be made against the Claimant, given that Parking Awareness Services Limited have behaved unreasonably throughout. The Claimant tactically discontinuing their claim at this late stage, despite them having known from the off that they had no cause of action, is further confirmation of their unreasonable behaviour. I provide my Defence bundle, which substantiates the Claimant’s unreasonable behaviour that predates this tactical, unreasonable late discontinuance and I draw the Court’s attention to para’s 65-70 (Page 23-24) of my Witness Statement, which references costs. 

I ask the Court to treat this letter as an application, as contained in CPR 23.3(2)(b).

As the Defendant, I encountered significant costs to prepare my Defence, Witness Statement and Defence bundle and the costs claimed are shown in the Summary Costs Assessment which I have submitted along with this letter. As a Litigant in person, I wish to claim the allowed £19 (PD 46, 3.4) per hour for the proportionate and reasonable items of work I had to undertake to deal with this claim, along with the costs of disbursements, all of which are detailed in the Summary Costs Assessment.

The Claimant knew from paragraph 40 of the Defence, submitted 7 months ago, of the clear intention of the Defendant to claim costs in the event of late discontinuance.

Yours faithfully, 

Dr. V. Strange

Defendant 

Coupon-mad

I had thought it might be helpful to submit my WS or Defence Bundle too, so that the Procedural Judge can see the amount of work that has gone into preparing for this case and because my WS references the Claimant's unreasonable behaviour. Do you not think that's necessary?

I think not.  The Judge won't read it as the case is over.