Can anyone look over this WS? Was: Taken some bad advice... too late to win?

nopcns

Well done in that the claims are discontinued. You should certainly request your allowed costs as suggested. The fact that you turned up to court shows that, on the balance of probabilities, you never received the N279 discontinuance notice. As you didn't receive it, you should be asking for additional costs because the claimants unreasonable behaviour having failed to send you a copy of the discontinuance notice.

Nellymoser

stek2008 

copies of a letter sent by Excel advising they were dropping the two claims dated 14th February. This letter claimed that copies had been sent to all parties - yet I haven't had it. 

Discontinuation court hearing letters not received...another reason PPCs must provide proof of posting. @stek2008 please support this.

So many people don't receive 1st and/or 2nd pcn but the £170 payment due letter often manages to drop through letter boxes. PPCs always claim discounted/full rate pcns/court claim letters were sent as dated though they offer no evidence to prove this.

Since they CHOOSE NOT to provide evidence of their posting we must continue to press gov to ensure they do and see it included in the new Parking CoP. Please sign/share @jmccabe petition closes 22nd june 2024.

https://petition.parliament.uk/petitions/652355
Require communications from Private Parking companies to be traceable/trackable
Thank you. Good luck claiming your costs

stek2008

Signed - thank you.

stek2008

nopcns said:

Well done in that the claims are discontinued. You should certainly request your allowed costs as suggested. The fact that you turned up to court shows that, on the balance of probabilities, you never received the N279 discontinuance notice. As you didn't receive it, you should be asking for additional costs because the claimants unreasonable behaviour having failed to send you a copy of the discontinuance notice.

Thanks!

I sent a letter by email to the court asking the judge to consider awarding costs last Friday. 

I guess I'll hear back one way or the other at so me point 🤞🏻

stek2008

Letter through the post today with a "Hearing as to costs" has been scheduled for 8th August.

Hopefully a good sign  

Coupon-mad

Good.  Does it ask for witness statements or is it just a very brief Order?

stek2008

Coupon-mad said:

Good.  Does it ask for witness statements or is it just a very brief Order?

It just says:

TAKE NOTICE that the Hearing as to costs will take place on

8th August 2024 at 10:00 AM 

At the .... court address....

When you should attend in person

30 minutes has been allowed for the Hearing. 

Please note: this case may be released to another Judge, possibly at a different Court. 


I've had one for each of the two claims that Excel dropped... (same date/time on both). 

I'm assuming I just need a cribb sheet in case asked any questions?

Coupon-mad

You'll need to prove your costs and that they acted unreasonably.  I would send a short WS listing the costs and the unreasonable conduct.

stek2008

Looks like I'm going to miss out on my day in court, again.
Cheque received today from ELMS Legal (allegedly they stopped representing Excel once it was a defended claim) for the costs I was claiming. Very happy!

Thank you so much to everyone who's helped. 

Coupon-mad

Wow that's just great!

You need to show the court that evidence, saying that the costs in the case have been paid in full and they should vacate the August costs hearing.