Small claims defendant to apply to be struck off

[bentls00]

I have applied for a small claims, the defendant has stated in correspondence they will be seeking to strike out claim in their defence.
what are the cost implications if the claim is struck out.

[MIKE770]

might help if we knew something about this case?

[bentls00]

The claim is to a LA:
child should have statutory home to school transport, it wasn’t forthcoming, parents took child to school the LA still not provided transport, parents charged LA 2 hours time @15 per hour plus mileage it was approx 48 per day. This carried on from Feb 2020 to end of July 2020, LA still not sourced statutory home to school transport, 3 tenders had gone out but were incorrectly completed by those tendering so had to be retendered.
parents advised LA they would charge £300 per day if transport not in place by xxx, this was not in place so parents submitted an invoice for 7 days @ £300 total £2100.
parents advised anytime they were required to take child to school they would invoice the LA 300 (which happened on 2/11/20)
The LA have sent correspondence advising to strike out claim.

[islandgirl]

£300 a day seems a rather strange use of taxpayers/ratepayers money. Clearly the LA has let you down but I am not surprised they have applied to have the claim struck out.

[bentls00]

I agree it is a lot, in context there have been two LGO complaints and a JR to provide the statutory home to school transport. The child has a designated taxi and PA, the cost of which has not been charged since February (overall the saving to the LA is significant)however, all that was required was the implementation of suitable transport, hence the notification by the parents that a daily charge £300 per day would be invoiced if they would have to provide the transport. The parent have also not been able to work and was offered a job on the assumption transport would be available.

[des8]

My understanding is that if school transport has to be provided the LA can discharge that duty by providing expenses e.g. refund travel costs to parents.
The parents will need to show that their invoices reflected the true costs.
Just because they warned the LA that their charges would increase to £300 per day does not mean they will be paid or even less likely enforced by the courts