Had an excess charge notice (private land) September 2016. I won, I think!

TW100

I will have a read of that, thanks.  My case was not listed and it was just a security guard who had to go out the back to find out what was going on.  He just said settled when he returned and I could go.  I called the court when I got home and the lady also said the case was settled on 11th August.  She told me to email the court and ask why I wasn't informed. I had no idea I could see the judge as it would have put the icing on the cake to have claimed some costs.

Fruitcake

You need to find out what is meant by the term settled just in case some how it was heard on papers and the judge found in favour of the claimant. You don't want to suddenly find a bill for several hundred quid dropping through your letterbox.

TW100

I know what you mean.  I've been thinking about it today.  I have nothing in writing at all.  All I know is that I turned up to court for the hearing and was told it was 'settled'.  That actually means nothing to me.  I won't get a response from the court for about 5 days as the lady on the phone said they are behind.  When I asked her what settled meant, she didn't know, just told me to email the court.  Can I call the solicitor Gladstones and ask them?  I didn't get any defence papers from them in the post so does that suggest anything at all?

Mouse007

TW100 said:

I didn't get any defence papers from them in the post so does that suggest anything at all?

You wouldn't get any defence papers from a claimant

TW100

So after trawling through my emails, I have just found these which I wish I had seen before.  I get so many emails and the title was just a random number that I obviously overlooked.

Our client is willing to try and settle this matter without the need to attend Court and the further costs that would be associated with having to attend.   

Our Client proposes a 'drop hands' settlement, whereby both parties discontinue each of their Claims and walk away, bearing their own costs in the matter. In essence, our Client will end its proceedings against you if you choose to do the same with our Client.

I didn't respond to that.  And then on the 10th of August, I got a Notice of Discontinuance for all of the claim.  

We act for the Claimant.  

 Please find attached our Client’s Notice of Discontinuance that has been filed at the Court. 

 This matter is now concluded.

I take it that means it is over?  And would they have had to pay costs to do this?

Fruitcake

That's it, another one bites the dust!

You could still apply for costs for the late discontinuation as suggested by C-m.

Coupon-mad

Yep I already showed you what to email to the court to try to get your wasted costs awarded.

The only difference is now, instead of saying you never received any Notice of Discontinuance, you'd be saying that it was so late as to be not seen in time and this is unreasonable conduct. The email was only seen after the Defendant attended court because there was an unremarkable header on their email you didn't see it in time, and it only arrived with a couple of days to spare - far too late to be sure the Defendant would see it.  Due to the unreasonable conduct of the Claimant, the Defendant wasted time attending court in expectation of a hearing on DATE.  

Full wording is in the linked thread I provided before as they worded it very well and referred to the White Book.  Even if you don't get your costs awarded it only takes an email to ask!

And well done to your daughter, given that you told us this 3 weeks ago:

 I did have a little wobble a few weeks ago and was going to make the payment to Gladstones but my daughter talked me out of it.  I'm now glad I didn't give in.

So are we!

Fruitcake

As above, plus you had nothing from the court to tell you the case was discontinued, so you did what any sensible person would have done and attended the court expecting a hearing.

patient_dream

TW100 said:

 Please find attached our Client’s Notice of Discontinuance that has been filed at the Court. 

 This matter is now concluded.

I take it that means it is over?  And would they have had to pay costs to do this?

Well done on your win
GLADSTONES CHICKENED OUT

I wonder if Gladstones threw money at the JR ?

By the time the next consultation comes out, the evidence we have is so big about this scam industry, it will create a book.
These fools keep giving us proof every day that they are not fit for purpose

If these very dodgy so called legals waste so much time for people and then discontinue, the court should fine them a substantial amount to include a percentage for the defendent

This may stop these robo claim merchants taking some of the daft claims to court

Let's face it Gladstones only discontinued because their claim was daft

TW100

I'm not surprised they chickened out.  The NTD had later been doctored by LPS Ltd. I still had the original ticket from 6 years ago!  Bet they didn't see that coming!  Despicable behaviour by them that goes unpunished and without consequence.  

Anyway, I'm definitely pursuing costs now.  Thank you C-m for the links.  

I do have a query regards this.  My case was going through the Small Claims Track.  

The CPR 98 rules, 27.4 (3) (a)(i) states:-

(i)a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing; 

These directions did apply as set out in a letter from the court.  However, I received nothing at all from Gladstones, which should have been with me by 2nd August. By 'each party', am I right in thinking I should have received documents from Gladstones before the hearing?  
Their proposal for a 'drop hands' settlement was sent on 28th July
Their discontinuance was submitted on the 10th August

In between these dates, I'm thinking I should have received documentation on which they would rely at the hearing.