Small Claims Legal Advice - Pothole Damage

[Pothole1]

I was really hoping someone could please help me with some advice?

 

In Summary (*** for privacy):

 

My car was damaged due to a large pothole in the early half of 2014, I immediately informed the borough council that was responsible for maintaining the road. To cut a long story short, their insurance decided to not accept liability for the damages to my vehicle due to section 58 of The Highways Act 1988. They did however repair the road once I had informed them.

 

I felt that under section 41 of The Highways Act 1988, they were liable to pay for the damages that had been caused. The pothole was repaired to 75mm!!!

 

I followed all of the small claims procedures correctly and we have no been given a small claims hearing date next month.

 

However at the same time I have suffered from some personal health issues and feel I am no longer able to continue with the case as it has caused stress. I have therefore informed the councils legal representatives of discontinuing the case. They had responded by immediately asking for me to pay their legal expenses of over £2000. Thanks to this forum I was able to avoid this as I now know that in a small claims court you are not liable for the other parties legal costs.

 

I then informed them that I had no liability over their legal costs and for them to accept that the discontinuation so I can provide and N297 to the county court.

 

They have now asked me to instead pay "wasted costs" of £500. I have searched this forum but have had no luck regarding this. So would like to kindly ask if someone could provide some information on this, am I liable for these wasted costs? can I simply go ahead and discontinue the case regardless of them accepting or not accepting?

 

I appreciate your time for reading this. Thank you.

[AndyOrch]

Discontinue the claim......serve it on the court and defendant...they will have to go to court if they want wasted costs and get an order.

 

Andy

 

PS Welcome to CAG PH

[Pothole1]

Hi Andy,

 

Thank you very much for the quick reply I really appreciate it, it's great having a forum like this as the advice has been invaluable so far.

 

If I discontinue, on what grounds (if any) would they be able to go to court for wasted costs?

 

I have followed the small claims protocol and do not believe I have acted unjustly in any way.

 

Thanks again,

 

AMS

[AndyOrch]

My point exactly .......no grounds...CPR 38.6 does not apply to SCT