Reclaiming costs from discontinued case

FillAr

Hi all, I've read the newbie pages...but there are lots, so apologies if this has already been answered. 

I've had a long-running case against me for a parking charge that I have contested on two grounds - lack of signage and failure to meet the terms of the protection of freedoms act.
It ended up with a CCJ against me because I moved house and the company then (I suspect on receiving their letter back to them!) proceeded to court. This was more than a year after me first instructing then to do so (and I believe they only did this knowing I wouldn't get the letter and so couldn't turn up to defend myself). 

I've paid £275 to have the case reopened and was granted permission to do so, based on the very reasonable grounds of success. The case was scheduled for the small claims track.

However, just before the case was due to be heard, they have discontinued their application. 

This means I am now unable to seek costs and reclaim the money I've paid, let alone the litigation in person costs I intended to claim. 

Other than suing them directly, (which I can't afford to risk) is there any way I can reclaim the £275?

Le_Kirk

When you submitted your N244 application did you include a six-point draft order, one of those points (5#) would have been: -

2. Costs to be reserved.

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant’s costs summarily assessed at £255 plus the Defendant’s costs for attending the hearing.

Coupon-mad

And did the Judge issue an Order after setting aside the CCJ, that said 'costs reserved' or did it instead say: 'no order as to costs'?

FillAr

Thanks for the replies.

I talked with the judge at the set-aside hearing about reclaiming the costs of re-opening the case and he said that it would be decided at the next hearing. Unfortunately, I didn't know enough to press him to have it written into the judgement.

The judgement simply says:

It is ordered that 
1. The judgement is set aside
2. The defendant must file at court and serve upon the claimant's address by...

There is nothing about what will happen in the event of them discontinuing the case.

From the sound of your replies, I'm guessing that the absence of this from the judgement letter means the only way I could reclaim the costs would be to take out a private suit against them? This is obviously fraught with dangers in terms of the potential costs of losing.

Umkomaas

This is obviously fraught with dangers in terms of the potential costs of losing.

Not in the small claims court. For up to £300 claim - £35 filing fee and £27 for the hearing fee.  Potentially loss of earnings for the Defendant - capped at £95 (not sure a business rep could even claim this?). Legal fees - capped at £50.  That's about it, a couple of hundred should cover it

Make sure that your next cost schedule includes the set aside fee.  See what your next hearing brings before deciding on whether to issue your own claim in due course. 

FillAr

Umkomaas said:

This is obviously fraught with dangers in terms of the potential costs of losing.

Not in the small claims court. For up to £300 claim - £35 filing fee and £27 for the hearing fee.  Potentially loss of earnings for the Defendant - capped at £95 (not sure a business rep could even claim this?). Legal fees - capped at £50.  That's about it, a couple of hundred should cover it

Make sure that your next cost schedule includes the set aside fee.  See what your next hearing brings before deciding on whether to issue your own claim in due course. 

Sorry for the confusion but can I please check something from your post - you've mentioned the small claims court. Can this kind of thing even be brought to the small claims court? I thought there needed to be evidence of money being owed? In this case, would/could they dispute the very fact that they owe me money at all? I haven't actually given them any money, I paid £275 to the court system to get the case re-opened when I discovered I had a CCJ against me following a house move?

In terms of hearings, there are none scheduled now as they have discontinued their own claim. The only way I can get a hearing is by making a counter claim against them.

Umkomaas

I paid £275 to the court system to get the case re-opened when I discovered I had a CCJ against me following a house move?

It cost you that because they served to an address at which you no longer lived having not conducted an adequate prior search.  I was principally commenting on the costs of losing at the small claims court, putting your mind at rest about the size of those costs.

Wait for other views about whether/how to take this further. 

Half_way

Who's car park was this, and where?

Jenni_D

You have two potential avenues of claim here:

1. Recovery of losses due to setting aside a CCJ caused by the other party (now the Defendant) filing an improperly served claim. This is your CCJ set aside fee (£255? £275?) plus any additional costs incurred.
2. GDPR breach by the other party (now the Defendant) storing and using incorrect personal details of the Claimant (you) to the Claimant's detriment

I'm sure someone else can expand on that to derive proper Particulars of Claim for your LBC then claim form (if necessary).