Claim Form Received

DadofTwo81

Thanks Coupon,
One point, in regards to the strict proof on the signage- that seems like a point for a defence, rather than the WS - or should I be trying to shoehorn some legal argument into the WS?


Also, I wrote to the claimant shortly after the incident showing them proof of the ticket - should I submit this letter as evidence, and I also wrote them a without prejudice (save as respects to costs) offer to settle fairly early on - should I submit this?

Coupon-mad

or should I be trying to shoehorn some legal argument into the WS?

I always do.

I wrote to the claimant shortly after the incident showing them proof of the ticket - should I submit this letter as evidence,

Yes, that can be one of your exhibits plus other cases about fluttering tickets.

and I also wrote them a without prejudice (save as respects to costs) offer to settle fairly early on - should I submit this?

No, you CANNOT raise WP offers in court, except when it comes to claiming costs at the end of the hearing.

DadofTwo81

Hi,
I believe I have had some good news - today I received a notice of discontinuation. This would appear to be a win but ever cautious - is this the case? Can they re-initiate proceedings later and are there any pitfalls I need to be aware of? This is on the small claims court track - so am I able to claim costs this far?

nosferatu1001

If theyve discontiniued thats it. No court would allow them a fresh claim once you point out they discontiunued

Check with the court that THEY havea copy of this notice

No, no chance of claiming cost, but a 70p letter to the court MAY persuade them that, having discontinued only after..... were exchanged, they knew they had a poor claim and wer being unreasonable as per CPR27.14(2)(g) . Dont hold yoru breath on it.

DadofTwo81

Thanks for the advice. I'll make the effort - I was going to claim that they had acted unreasonably in my case anyway.
Good point re: the court - and I have checked and they have received and closed the case.

Coupon-mad

Yay, well done, scam over! You won.

Enjoy your summer with the scammers off your back.

ANOTHER ONE BITES THE DUST! :T

DadofTwo81

Excellent!!!!
Thank you so much to all the people who have commented on my posts and assisted me and hopefully many others. This forum gave the confidence to stick it out to the bitter end - and I am glad that I did + I learnt a few things along the way.

Coupon-mad

Well done.

DadofTwo81

Hi All,
I thought I would update you and see if there is anything further I can do.

I wrote a letter to the judge, begging for some costs for having to defend myself past the point when the claimant either did or should have know they would discontinue. I got a fairly firm response from the judge's superior telling me I couldn't write to the court directly and that if I wanted a court order I would have to make an application.

This, I think, tells me I have hit the end of the road in applying for costs, but I'm open to suggestions. I'm prepared to put in some work to rattle their cage, and put little cash behind it, if it stands any chance at all, but I can't afford to expose myself to paying their costs if I am unsuccessful.

Are there any options that are even remotely likely to be successful here?