Claiming Money for Discontinued Case

DoaM

A NWNF solicitor will want their pound of flesh out of any award (solicitor costs are not claimable in small claims) so OP would still end up out of pocket.

chad888

bump

Should I pay to have the N244 validated? What will the procedure be and will it be likely I get it back after all of this.

£1000 total to defend myself about a completely wrongful claim in which I obeyed the rules and stayed half an hour less than the maximum allowed time.

Coupon-mad

Set aside fee £250
N244 cost seeking claim £250

These fees are both £255. Yes you can include all your costs, which tip over £1000.

You will have far more chance of a Judge siding with you if you list in bullet points (not wordy paragraphs) the unreasonable conduct in litigation - i.e. everything that went against the PAP for Debt Claims - cite it - and everything that flew in the face of the CPRs, and the court directions.

To get punitive costs that high, it is not enough to say the claim had no merit/there was no contravention in the first place. Weirdly, that is just an aside!

Look at the rules of the court system, starting with the PAP 2017 for Debt Claims and how they failed, and also look at this and use this in evidence:

https://www.gov.uk/government/news/new-measures-to-protect-consumers-from-debt-claims

Find & list where they slipped up, then move on to the CPRs for civil claims in the small claims track, then cite the discontinuance as being the final unreasonable act, having already cost you hundreds, on top of which you have now had to pay £255 to restore justice by getting the Claimant to reimburse you (and you haven't even included any hours spent researching your case, so you have been very generous - you could list £19 per hour at the LiP rate at least...or more if you want to push it...).

Look at Denton and Dammermann about costs (Google them), and ask sassii (a poster here) for the link to the Order from the Judge that he had in a case he helped with recently, where a person was granted a 4 figure sum in punitive costs, for the Claimant's failure to follow the PAP. A copy of that Order would help too, and sassii briefly showed it on the forum and has it in case anyone needs it.

Umkomaas

Coupon-mad wrote: »

You will either have to pay £255 to accompany a N244.

Or a much smaller fee to file a claim against the parking firm, for, say £1000 for your tangible losses reserved from the hearings, and for harassment and significant distress caused by their misuse of data (if you are saying the PCNs were issued in error from the start, PE should never have got your data).

If the latter, you'd have to send PE a LBC first.

CM - I think this is Horizon, not PE. The MO described by the OP didn't seem much like PE to me. Checking previous threads by the OP, Horizon seem to be the offenders.

@OP - please confirm the name of the PPC.