Notice of discontinuance

ritchieswailes

Morning, I received this just now

”We act for the Claimant in the above matter. 

Our client has instructed us to discontinue Court proceedings and close our file. Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records.  

The attached has also been filed with the Court. 

We will now proceed to close our file accordingly. 

Kind Regards, 

Joe bloggs

Case Manager 

DCB Legal Ltd”

I attended a hearing a couple of weeks ago but it was adjourned. In the hearing, before it was adjourned, the judge heavily criticised the unclear argument out forward by the claimant and advised them to reconsider. They then wrote to me and offered to reduce my liability from ~£400 to £180. I refused. They now want to discontinue. In my witness statement I included a paragraph on how I would pursue costs on the basis of unreasonable behaviour if the claimant put in a late notice of discontinuance. I have spent days doing all this admin and research and hence have £100s in lost earnings. And incurred travel costs to the previous hearing. It seems a little unfair. Is there any recourse to recover costs? I presented the same arguments in my witness statement as I did in the (kangaroo court-style) “appeals” process.

To summarise, I was driving around a large empty car park giving my missus a driving lesson. Well she was driving really. The ANPR camera clocked us entering and leaving. The signage only refers to “parking”. We never stopped the car for more than a few seconds let alone parked.

Thanks 

 

nopcns

What you were doing in the car park is now irrelevant. The main thing is that you have beaten the claimant because they have discontinued.

Did you submit a Part 20 counterclaim when you defended the claim? If not, but you did submit a costs schedule with your WS, you can write to the court and ask for your fixed cost. As for the unreasonable behaviour, you'd have to have a very strong argument about their discontinuing as they have not done anything wrong, technically.

If you think you have strong case and can evidence your loss due to their unreasonable actions, you can always issue a claim against them.

Coupon-mad

Or just send the court an email like the Newbies thread already says.  There is an example there.  

You have to be quick to ask and cite the White Book annotation used in the Template Defence.

People have had costs awarded.

ritchieswailes

Thanks for your replies. I did indeed submit a costs schedule alongside my WS. I don’t believe I submitted a Part 20 counterclaim though. Im
terribly sorry but I don’t see the info you refer to on the Newbies Thread (example email template to court). My costs schedule for loss of earnings etc was around £300 but as I understand it, any money I receive is limited to £95? Unless I can demonstrate unreasonable behaviour on their part.

its not clear to me whether this £95 is allowed to be awarded to me if there hasn’t been an actual verdict in my favour…?

I’m keen on sending an email to court to ask for some kind of recompense. Who do I address the email to? I don’t know who the next Judge was going to be? Or do I just address it to the courthouse and give the case number?

would it be something like:
Dear Sir/Madam,

I’m writing regarding claim xyz. I note that such and such have filed a notice of discontinuation on 19th April 2024. With reference to my Schedule of Costs submitted alongside my WS on x March 2024, I am writing to request that compensation is awarded in line with White Book annotation xyz “quote extract of white book”. I believe the costs outlined in my Schedule of costs are reasonable and unavoidable. Furthermore, the claimant has pursued this matter up to this late stage despite all information being provided by myself first during their appeals process, and later in response to their Letter Before Claim. I believe submission of a Notice of Discontinuance at such a late stage to be unreasonable behaviour.

Evidence of costs (as proof of loss of earnings a payslip is attached showing my monthly salary, together with a calculation of my hourly rate of pay) is attached.

yours faithfully,

me

Thanks again 

ritchieswailes

What rankles is that I’ve lost a couple of days of earnings so around £500 in preparation and attending a hearing that got adjourned. I’ve recovered no compensation for my efforts. So really, logically, it would have been better for me to have paid the fictitious charge. Anyway life goes on 

Coupon-mad

Copy this example:

Premier Park Ltd ordered to pay £500 in costs for unreasonable late discontinuance at Southampton County Court (includes all orders and judgment transcript following his application for a costs hearing:  Premier Park v S Jones):

https://forums.moneysavingexpert.com/discussion/6271727/residential-pcn-premier-park-ltd-ordered-to-pay-500-in-costs-at-southampton-county-court

The letter to the Judge asking for costs is there and you can refer to the right part of the CPRs.

Copy in DCB Legal and proof of your costs.  You might be required to attend a costs hearing.