CCJ set aside won, now defending against AutoSec/DCB legal for parking in resident's allocated bay

Coupon-mad

I'd respond telling them you'll agree if they pay you back the £180 wrongly ordered by the first Judge, and as a gesture of goodwill you will shoulder and won't pursue the N244 fee (DO NOT REMIND THEM HOW LITTLE IT COST YOU).

Le_Kirk

cleena7 said:

Just been sent an email by DCB legal "without prejudice to save costs", offering a notice of discontinuance.

You might want to read that e-mail again and see that it does state "without prejudice to save costs" or does it actually state "without prejudice save as to costs" meaning you cannot use the e-mail in a court hearing unless and until it comes to the matter of deciding costs AFTER the judge has ruled on the case.

cleena7

Thank you - yes typo. That makes sense

cleena7

Letter received from the court to say claim has been struck out as Claimant/DCB legal failed to pay the hearing fee...
So a win!
Is there a way I can still claim my costs from them? I did submit an amended defence and reserved costs in the case of late discontinuance, but am not sure how to go about this and whether it's worth it! Thanks

Coupon-mad

cleena7 said:

Letter received from the court to say claim has been struck out as Claimant/DCB legal failed to pay the hearing fee...
So a win!
Is there a way I can still claim my costs from them? I did submit an amended defence and reserved costs in the case of late discontinuance, but am not sure how to go about this and whether it's worth it! Thanks

Cautiously optimistic but we see this a lot, then cases get reinstated a month or two later when it turns out the fee was paid and the oversight is the court's.

Claiming costs is already shown in the Newbies thread - a linked case by @bluetoffee1878 - so copy what he did.  That also has the benefit of making the court reply and then you will know if it is being reinstated.

Did you get your £275 set aside fee back?  Or was that 'reserved' at the set aside hearing?

cleena7

No the £14 (!) fee for my set aside application and the £180 costs (ordered by judge prior to rescheduled hearing) were reserved by the Deputy District Judge for the conclusion of the full hearing.

Brilliant! I will email a letter to the Court similar to @bluetoffee1878. I had also read that I need to serve a Bill of Costs and Notice of Commencement on the Claimant for a detailed assessment and they have 21 days to dispute these costs? The downside to this is I then have to send a N258 request for detailed assessment hearing.

Hopefully my letter to the Court will convince the judge it can be dealt with on paper rather than by hearing.

Civil Procedure Rule 3.7A “if the claimant does not pay the fee…make an application for a full or part remission of the fee… the claimant will be liable for the costs which the defendant has incurred unless the court orders otherwise” 

Civil Procedure Rule 44.9(1). “subject to paragraph (2), where a right to costs arises under rule 3.7 or 3.7A1 (defendant’s right to costs where claim is struck out for non-payment of fees…a costs order will be deemed to have been made on the standard basis.”

Coupon-mad

Don't forget the annotation in the White Book which is stated at the end of our Template Defence.

cleena7

I have included but it refers to a late discontinuance whereas in this case the Claimant has failed to pay the fee?

Coupon-mad

Write it to make sense and state that:

(a) causing a CCJ due to not bothering with the CPRs for service, then

(b) opposing the Defendant's application and contesting the matter at all stages including sending a rep who (the Defendant believes improperly) asked for their £180 costs and unfairly blamed the Defendant, then

(c) dragging the case right up to the stage where the Claimants were ordered to pay a hearing fee, but then not bothering to pay it;

...must surely meet the high bar set in Dammerman for a chain of wholly unreasonable conduct.

The very least the court is being now asked to order to conclude the case justly, is the fee for the set aside application and the £180 costs (ordered by a judge prior to the rescheduled first hearing and paid 'under protest' on DATE - see attached proof) which were all reserved by the Deputy District Judge pending the conclusion of the full hearing.