MIL PCN claimform - **WON Notice of Discontinuance**

[AppleX0]

Hi all,

 

I received a claim form from MIL Collections relating to a private land parking notice I was issued a few years back.

 

I submitted my defence and had been assigned a hearing date for end of May. I needed to prepare my witness statements for this week to be delivered to the claimant and the court. However today I received a N279 Notice of Discontinuance from the claimant.

 

Now I understand that this means that the claim is over (and I essentially won). But I also have read that I can claim my costs - however this is where I become a little unclear. I have read the Civil Procedure Rules and can see rule 38.6 which relates to this:

 

Rule 38.6 (1) states “Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant”

 

Rule 38.6(4) adds that the rule above does not apply to claims allocated to the small claims track.

 

So from my understanding, because my claim had been assigned a track and had been given a hearing date, I cannot claim any costs?

 

Any help clearing up my next steps would be great.

 

Thanks!

[Andyorch]

You cant claim costs as a defendant in Small Claims Track.

 

 

Regards

 

Andy

[AppleX0]

Ok thanks Andy - simple as that!

[BankFodder]

Good news.

 

Your experience is a good illustration of why people shouldn't ignore these things.

 

A lot of these companies is you claims expecting that there will be no response so they are hoping for an easy kill.

 

Now that it is clear that you're prepared to make trouble, they prefer not to waste any further money

[ericsbrother]

If the plaintiff has been wholly unreasonable or vexatious then you can apply for a costs order under CPR 27

but as the notice to discontinue arrived so early it is unlikey that you will get such an order.

 

Usually discontinues cases only warrant costs when they are dropped at short notice and the defendant has gone to some trouble or expense such as having to book a days holiday and cant cancel it.

 

MIL have no right to make a claim so you win on part of the requiremnt-ie no prospect whatsoever of MIL winning but that may not be enough. You could dig up a load of other claims they lost to prove they knew that they had no cause for action and were misusing the court process to coerce you into paying but this argument is often ignired because you had the gumption to fight and therefore werent frightened by the prospect of seeing them on the day.

 

Now, as it was MIL you have a case to claim against the origianl parking co for breach of the DPA in handingover your details if they relied on getting the keeper details from the DVLA. There have been a couple of successful claims recently so if you still fancy seeing the inside of a county court you could consider this.

Edited February 20, 2017 by honeybee13
Paras