Court asked to make application after the case been set aside and discontinued

[Sassii]

Hi All

I found a CCJ on my credit file from parking company alleged controlling my estate. I won two court cases before they issue the claim form for this case. the Parking Company served the claim form to my old address as a kind of revenge (after been beaten twice and ordered to pay my costs) to get that default judgement against me although they knew my current address v well at the time serving the claim form from previous legal cases and my letter & emails to them.

Now the case has been set aside and parking company discontinued it straight away after the set aside order.

Already I asked for my costs with the set aside application but the judge didn't take any decision at the hearing which last for 2 as he can't find my statement of defence while it was in the file in front of him, so the Judge set aside the case after that.

After the case been discontinued by Claimant the court said ''an application needs to be made to court'' which I think they mean my costs application.

http://www.keepandshare.com/doc16/vi...?id=23277&da=y

Now I prepared the letter / application below but I have some question I'm still confused about

1- Do I need another N244 form or just send the application letter to court depending on my costs request was with set aside application N244?
2- Can I ask for finical damages compensation as the bank cancelled my credit card as a result of default Judgement recorded in my credit file?
3- If I can ask for finical damages compensation, so that is under what act paragraph?.
4- Can I ask for Injection order in the same application.


Please, Please could some one review and comment on the below application and give me his / her opinion. Thanks for all of you



IN THE COUNTY COURT AT xxxx

CLAIM No: xxxx

BETWEEN:

PARKING CONTROL MANAGEMENT (UK) LIMITED (Claimant)

-and-

xxxxx (Defendant)


I am xxxx and I am the Defendant in this matter. This application been made to comply with the Court letter / request dated xxxx (attached). Defendant would like the court to take into account his Witness Statement, previous letters and applications been filed to court.

As the case been discontinued after the Default Judgement been set aside, it is now very clear that Claimant intention for that proceeding is to cause damages to Defendant and to get Default Judgement against Defendant by serving defective Claim Form to Defendant’s old address although the Claimant and his Solicitor Gladstones were aware about Defendant’s new / current address from previous court cases and from Defendant’s emails and letters to them as explained in Defendant’s Witness Statement dated xxxx.

Claimant misuse and abuse court system and use the court as part of his extortion practice against Defendant and to revenge after his previous cases v Defendant been struck out (Cases no. xxxx and xxxx heard on xxxx and xxxx, attached) and Defendant awarded costs after Claimant unreasonable behave exactly like his behave throughout that proceeding.

Defendant believes that the conduct of Claimant mentioned above plus Claimant continually pursuing claims against Defendant is wholly unreasonable and vexatious and Claimant, as industrial body, intention is to cause damages to Defendant’s credit score file and in sequence Defendant’s financial life, wasting Defendant’s time, efforts and making the case in high cost environment which that costing Defendant around 20 times more than the alleged claim itself plus xxxx financial damage to Defendant’s as the bank cancelled Defendant’s credit card after the Default Judgement been recorded in Defendant’s credit score file.

So Defendant asks the court to grant that Application and to Order Claimant to pay Defendant costs and compensation for financial damages that Claimant caused under:

- Paragraph 16 of Practice Direction – Pre-Action Conduct: a party who has not complied with its pre-action obligations can be ordered to pay costs (even if the party has succeeded in its claim/defence) and there is also a power to remit / increase interest under. Defendant asks for costs under CPR 44

- CPR Rule 27.14(2)(g): costs can be awarded where a party behaves unreasonably.

As both apply so Defendant seeks a costs and compensation order from the claimant as below:

- xxxx for Defendant’s costs throughout that proceeding. (Defendant Costs schedule dated xxxx attached)
- £225 for Defendant’s set aside application fees. (receipt attached)
- £20 for Default Judgement and original Claim Form copy. (receipt attached)
- xxxx financial damages compensation. (Bank credit card cancellation letter attached)

Defendant’s total costs: xxxx
Defendant’s financial damages: xxxx
Total costs & compensation request: xxxx


Yours faithfully,

Name:
Date
Address:

[Sassii]

Hi, could someone help me for the above

[R0b]

Hi Sassii, I could swear you've made up several threads that all sound similar to this one, and if they are all connected then it's not helpful to keep posting new threads as that might mean questions are raised that have already been answered.

The general principle on costs is that if a court does not refer to an award of costs in the Order then it is to be presumed that there is an order for no costs. If the judge had said at the hearing that costs are dependent on reviewing the defence then it may have been an oversight and you could ask, but I wouldn't hold out hope.

If the court is asking you to make an application then that will mean n N244 Form together with the appropriate fee (£255). You can try to make an application by letter but there isn't any guarantee that it will be put in front of a judge and you might be directed to make an N244 application, which will cause delays.

If you are asking for anything beyond costs of the set aside application, I would say that's going to be a claim that needs to be issued separately. The reason I say this is because it's likely to be contested which the parking co. should have an opportunity to file a defence to those allegations. It wouldn't be appropriate to then bring into the mix new allegations that are unconnected to the set aside application (which is an interim hearing, not a full blown trial), so the correct course of action would be to issue a claim for loss or damage suffered in the usual way. Certainly an injunction would require a separate application if that's the route you want to take.

In terms of causes of action resulting from the bank account being cancelled, you might be able to argue under malicious prosecution of civil proceedings, abuse of process (by misleading the court), breach of data protection or possibly deceit. I make no comment on how successful any of these actions could be so you will need to do your own research but I would be cautious about throwing the kitchen sink at this and trying to claim under every cause of action if there's no real prospect of being successful, since that might land you with some costs if you lose.

Your letter seems to be confusing the unreasonable conduct rule as to the discontinuance of the claim and costs under your set aside application and they are not one and the same. Is your application intended to seek recovery of costs of the set aside application or are you asking the court to consider awarding costs due to unreasonable conduct through discontinuing the claim?

[Sassii]

1st Thanks v much for your reply and appreciate your time to read and to reply to my thread.Please find my response as below

Hi Sassii, I could swear you've made up several threads that all sound similar to this one, and if they are all connected then it's not helpful to keep posting new threads as that might mean questions are raised that have already been answered.

No that is different from other threads as that Parking Company targeted me where I live and made my life nightmare by issuing several claims and some served to my old address. I managed to kick them off from site, won in some cases and helped my neighbors as well but as that parking company still chasing me and some cases still open I want to hit them and the management company with high costs hoping they will stop to take me to court.

If the judge had said at the hearing that costs are dependent on reviewing the defence then it may have been an oversight and you could ask, but I wouldn't hold out hope.

The Judge said nothing about any thing he just accused me that I didn't file the statement of defence and kicked me off in less than two minutes then I went to court office which they got the file from the Judge and found the statement of defence was in it. Court manager went back to the Judge to show him that then set aside order been issued. I chased the court after that to consider my costs application filed with the set aside application up to the case been discontinued

If the court letter doesn't mean application need to be made for costs, so what the court mean by an application need to be made. That is really confused me.

If the court is asking you to make an application then that will mean n N244 Form together with the appropriate fee (£255).

Is the N244 fee £100 - by consent or without notice I need to pay or £255 -application on notice?. Set aside application already done and granted, I after the costs and Injunction order if possible

Is your application intended to seek recovery of costs of the set aside application or are you asking the court to consider awarding costs due to unreasonable conduct through discontinuing the claim?

I'm after reimburse of set aside application fees and also costs for their unreasonable behave from starting that case, can I do that in the same application.

[R0b]

I'll respond to this later

[R0b]

Right, so I've read your comments and the way I see it is that you need to make a formal N244 application for costs relating to the set aside together with a fairly detailed witness statement.

Before doing that, you could invite the parking co. to make you an offer to pay your costs (give them a costs schedule) and allow them a short period of time (for example, 4pm Monday) to consider your proposal otherwise if they refuse or do not engage, then you will make an application as per the court's request. You could point out that if your costs are awarded, they will also be landed with a further £255 for the cost of the application.

Yes, a without notice application is £100 but the general rule is that without notice applications are the exception and not the norm, because the other party should have an opportunity to be heard and present their case. Depriving them of that opportunity without good reason is more than likely going to have costs consequences. Itis entirely up to you as to whether you want to issue a without notice application and the risks that copme with it.

As to the recovery of costs for discontinuance, there's a couple of comments I would make:-

a. You mentioned that the default judgment was set aside and then soon after, the parking co. had issued a notice of disconintuance. Presumably, the discontinuance came before the claim was allocated to the small claims track? If yes, then I would say CPR 38.6 kicks in and the rule is that the parking co. is liable for costs, which you are entitled to seek from them. If they refuse, then it would be a further application for costs only proceedings and for the court to resolve.

b. If the claim had been allocated, then your course of action would be an application to the court to consider making a costs under due to the unreasonable conduct of the parking co. YOu will need to support it with evidence and again probably set out in a similar way to your application for set aside costs.

Anything else like an injunction in my mind is entirely separate and shouldn't be considered without issuing a fresh claim. Again, these are just my views and it is entirely up to you how you wish to proceed, but I very much doubt a court would consider your various requests under one application.

[Sassii]

Thanks v v much & I really appreciate your time for writing that explanation in details. You made it very clear. Thanks again