CCJ- Set Aside- CLAIMANT DISCONTINUED

Coupon-mad

It means both costs assessments are carried forward, and the costs of BOTH parties' applications are to be considered at the final hearing depending on how that decision goes and who succeeds. 

So your £255 is still in play, as I read that!

Remind me, what was their application and their costs attempt for?

Johnersh

Costs in the case means that whoever wins the case on the last day (i.e. final trial) will be entitled to claim all of their costs throughout.  So if the o/p wins, he should recover the application to set aside and obviously won't have to pay for C's costs of their cross-application.

The o/p should note that he can file a Notice of Change (commonly used to record a change of solicitor) to formally record a change of address.  It can be done at any time and does not require an application, but should be sent to the Court and to the Claimant sols.

dtnwf

Oh this is excellent news! thank you for the replies.

The alleged debt, as what was on my credit file, was for £278 (£100 + £60 + interest). I'm completely in the dark about any other costs they have asked for as I never received their bundle prior to the Set-Aside hearing.

Will this be for the costs assessment I provided for the set aside hearing or can I write a new cost assessment to include the return of the £255 + unreasonable behaviour?

Would these constitute as unreasonable behaviour?

1.They were aware they were not IPC CoP compliant and therefore did not warrant obtaining my details to start with yet continued with the claim.

2. Have stated in email they were aware I lived at that location and yet continued to pursue the claim.

3. Have left me disadvantaged throughout the process by not sending me any court bundles.

4. Have been aware of my defence for almost a year as I'd sent a defence following the initial set aside court order. Therefore, if they choose to discontinue they had that opportunity prior to requesting a second set aside.

 If they discontinue will I still be able to recover costs? 

Thank you for the help.

Johnersh

Be prepared to recover what costs you can whenever you are at a hearing. That's known as summary assessment and is the norm. It helps to file a written table of cost incurred if you are seeking above minimum.

Unreasonable conduct is exactly that, so I'd expect 1 to be less convincing than other points. Someone has to lose every case, so just because you win, dont assume you will definitely reach threshold. That's why you need to be prepared to argue these point too (so read the rules for the test) 

1505grandad

Are New World Facilities East Essex Ltd no longer IPC AoS members?  -  cannot see them under this name in the list.

Coupon-mad

Will this be for the costs assessment I provided for the set aside hearing or can I write a new cost assessment to include the return of the £255 + unreasonable behaviour?

I'd expect that to be the same, more or less, as you already submitted?

blackdog2220

1505grandad said:

Are New World Facilities East Essex Ltd no longer IPC AoS members?  -  cannot see them under this name in the list.

indeed they have disappeared , so has there website http://www.newworldfacilities.co.uk/ companies house still have them listed , address is The Old Astra Cinema The Street, Great Bricett, Ipswich, Suffolk, England, IP7 7DN this postcode seems to be a holding address for 7896 companies 

wonder if they will have bus fare come court date 

dtnwf

Yes, that makes sense thank you. Ideally I'd like to recover the cost of hours I've spent on this, printing & postage, £255 set aside fee plus costs for their unreasonable conduct. 

My original summary cost assessment was for time spent -£380 + £20 printing and postage.

The reason I believe they were aware of not complying with the IPC CoP is within the photos I've been sent from the SAR. 

Photograph 1: complete darkness except reflective registration plate.

photograph 2: almost identical to photograph 1, reflective registration plate but sign suddenly illuminated by a circular light when NO light fixtures exist. I don't know how they have done this; either held a torch directed at the sign or done something to the photograph afterwards. Also, all photos have the exact same time stamp.

The IPC v6 states signs must be illuminated in the hours of darkness as this forms the basis of any legal charge (in so many words). 

I've just checked the IPC website too and I can't find their name either. I had tried to go onto their website a few weeks ago but 404 Error comes up. 

nosferatu1001

"Ideally I'd like to recover the cost of hours I've spent on this, printing & postage, £255 set aside fee plus costs for their unreasonable conduct. "
The hours you spent isi only recoverable if you can show they have been unreasonable
READ CPR27.14(2)(g). This is what tells you about costs on small claims track. 
So you musthave two separate sections
NOrmal costs
- N2444 £255
- attending hearing for set aside (capped tt £95, you must prove loss of leave or loss of pay. You MUST prove it, work out how you will do so) 
- attending final hearing
If this is at a physical location you include mileage
You CANNOT get printing etc. Those are only "unlockedd" via unreasonable behaviour

As for where to send the court to, pick your local court at the place you will be. Let them deal with the mess

dtnwf

(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably; 
I'm trying to 'unlock' unreasonable behaviour costs by showing photographic evidence that they were aware they were not IPC CoP compliant when issuing the PCN and/or prior to pursuing a claim, therefore, they should not have obtained my details to start with. There would have been no CCJ, no £255 fee, no set aside application, no witness statements, no set aside hearing x2, no defences written and no wasting court resources. Further to this, prior to Set aside hearing 1 they stated they were aware I lived at the location the PCN was issued. Additionally, they have left me disadvantaged/not on equal footing when they failed to provide me with any court bundle prior to the 2nd set-aside hearing. All of this for parking in my own space?