Reclaiming Defended Small Claims Court Costs

outwestuk

I recently succesfully defended a small claims action bought by a car park operator. I am aware that I am able to claim an amount of fixed costs (albeit limited), however although I have looked I cant find out how to actually go about it making such a claim. Grateful for any guidance. Thanks

molerat

Did you not ask the judge to award you your costs at the time ?

outwestuk

molerat said:

Did you not ask the judge to award you your costs at the time ?

Well it was my first time in court so I dont know the procedure. The claimant arrived late and we ran out of time at the end so I never had the chance.

Does that mean I have missed the boat?

Jenni_D

I suggest you take this to the Parking board - they may be able to give better advice as to your options. (They deal with PPC claims every day so may know what you retribution options may be).

As to costs in defending the claim - unless you filed a costs schedule and directed the judge to it when it was found in your favour then you've missed the boat in respect of that claim.

outwestuk

Jenni_D said:

I suggest you take this to the Parking board - they may be able to give better advice as to your options. (They deal with PPC claims every day so may know what you retribution options may be).

As to costs in defending the claim - unless you filed a costs schedule and directed the judge to it when it was found in your favour then you've missed the boat in respect of that claim.

Thank you. Yes I did file for standard claims in my WS but never raised it in court. Well I am back defending another but effectively the same case in a weeks time so will do better!

Jenni_D

Same claimant and for the same location? If yes then make sure you include cause of action estoppel ... the claimant should have brought their entire claim rather than drip feeding claims.

outwestuk

Jenni_D said:

Same claimant and for the same location? If yes then make sure you include cause of action estoppel ... the claimant should have brought their entire claim rather than drip feeding claims.

Yes the same. I did ask the judge to throw out the subsequent claim which he found amusing, but said I can use my win to defend that case. Thanks for your help

Le_Kirk

I would reiterate what @Jenni_D stated and get thee over to the parking forum for some bespoke help.