Feedback request on my defence to DCB court action - Myrtle street carpark liverpool

Coupon-mad

Nice.

Show us the NoD when they email it over this month, as @Umkomaas is busy counting them all still. Now over 800 discontinuances and counting…

Nomoreparkingfinesplease

https://forums.moneysavingexpert.com/discussion/comment/81927440#Comment_81927440

Hi coupon! Well day before the fee due I've got the email discontinuing, I will be submitting this draft for my costs, I wonder what you thought? Thanks so much for your help, I'm over the moon for the principle of it. The calls will finally stop now too!! Once I get the official notice through the courts I'll get it posted 🎉

Dear Sir/Madam,

Re: [Claim Number] – xxx

I write following the court’s order striking out the claim.

I respectfully request that the court considers making an order for costs in my favour.

As the Defendant, I have incurred costs in dealing with this matter over a prolonged period. I also submit that the Claimant has behaved unreasonably in the conduct of this litigation.

In particular:

• I made multiple attempts to engage with the Claimant and resolve the matter, including making a reasonable settlement offer. I have attached examples of genuine, fair offers to the claimant to settle the matter, these offers were made in line with court awarded settlements at the time and prior to litigation. After litigation all without prejudice offers were withdrawn.

• I informed the Claimant of serious personal circumstances, including that a parent was terminally ill and that the ongoing litigation was significantly affecting the situation. This did not stop the claimant wasting my, and the courts time.

• Despite this, the Claimant failed to engage constructively or respond to my correspondence.

• The Claimant ultimately failed to pay the required hearing fee, resulting in the claim being struck out. DCB Legal conduct themselves in this manner on a large scale and I believe should be penalised for their conduct.

I submit that this amounts to unreasonable behaviour, as the Claimant pursued the claim without proper engagement and then failed to progress it, causing unnecessary time and distress during a vulnerable time.

I therefore ask the court to exercise its discretion to award costs pursuant to CPR 27.14.

Costs Schedule

• Loss of earnings (mediation – half day): £47.50

Litigant in Person Time (due to unreasonable behaviour):

• Preparation, correspondence, and case management: [15] hours @ £19/hour = £285.00

Total: £332.50.

I believe these costs are reasonable and proportionate given the duration of the matter and the Claimant’s conduct.

I would be grateful if this request could be placed before a District Judge for consideration.

Yours sincerely,

Gr1pr

Well done

Please add a redacted picture of the N279 discontinuation document below too, thank you ( the document coupon mad asked for a couple of weeks ago )

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81942620#Comment_81942620

But we can't count it. I didn't ask for the email!

🙂

Nomoreparkingfinesplease

https://forums.moneysavingexpert.com/discussion/comment/81943106#Comment_81943106

Sorry let me redact and post now 🎉

Nomoreparkingfinesplease

Is this ok? Tysm

Nellymoser

That's the notice @Umkomaas likes to see.

Well done OP 👏

Umkomaas

https://forums.moneysavingexpert.com/discussion/comment/81943555#Comment_81943555

Lubbly jubbly! Thank you @Nomoreparkingfinesplease for the copy of your NoD . I can now get this counted in the DCBL Legal thread of shame. 👍

Coupon-mad

Yay! Hooray - you won…

ANOTHER ONE BITES THE DUST!

😃

Nomoreparkingfinesplease

https://forums.moneysavingexpert.com/discussion/comment/81943621#Comment_81943621

and I'll be applying to get my costs off them too, nothing to lose!! And ty for your help again, its been massive and so glad for them to have another loss 🎉🎉