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Private parking tickets / Euro Car Parks/DCB Legal - claim struck out, trial fee not paid - defendants costs?
« on: February 05, 2026, 05:19:29 pm »
Hello
I would be grateful for your advice in regard to the likelihood of the defendant being able to recover their costs in a particular small claims case that was eventually struck out for the claimant’s failure to pay the trial fee. The details of that defended claim are as follows.
Euro Car Parks and DCB Legal, a boiler plate claim for payment in relation to an alleged parking contravention. The Particulars of Claim did not provide sufficient detail for the defendant to understand the cause of the claim. The defence set out the further details that were needed, but the claimant chose to proceed and not provide any of that detail. The defendant asked for the missing details again during the mediation call, but the person attending the call for the claimant could/would not provide the detail.
The claim was then allocated to the small claims track and the judge made an order setting out what the parties must do before the hearing date. The claimant did not comply with any of that order; failing to provide a witness statement, failing to give the additional specific details of the parking contravention (as set out in the order), and finally did not pay the trial fee. The defendant complied with the order, and on time filed and served their witness statements (x2).
The claim was eventually struck out by the court when the claimant missed the deadline for paying the trial fee. Interestingly, the notice of trial date document, issued by the court with the order, specifically stated that should the trial fee not be paid by the due date the claimant would be liable for the costs which the defendant had incurred. Would the wording in that notice about costs carry any weight on the small claims track?
Thanks.
I would be grateful for your advice in regard to the likelihood of the defendant being able to recover their costs in a particular small claims case that was eventually struck out for the claimant’s failure to pay the trial fee. The details of that defended claim are as follows.
Euro Car Parks and DCB Legal, a boiler plate claim for payment in relation to an alleged parking contravention. The Particulars of Claim did not provide sufficient detail for the defendant to understand the cause of the claim. The defence set out the further details that were needed, but the claimant chose to proceed and not provide any of that detail. The defendant asked for the missing details again during the mediation call, but the person attending the call for the claimant could/would not provide the detail.
The claim was then allocated to the small claims track and the judge made an order setting out what the parties must do before the hearing date. The claimant did not comply with any of that order; failing to provide a witness statement, failing to give the additional specific details of the parking contravention (as set out in the order), and finally did not pay the trial fee. The defendant complied with the order, and on time filed and served their witness statements (x2).
The claim was eventually struck out by the court when the claimant missed the deadline for paying the trial fee. Interestingly, the notice of trial date document, issued by the court with the order, specifically stated that should the trial fee not be paid by the due date the claimant would be liable for the costs which the defendant had incurred. Would the wording in that notice about costs carry any weight on the small claims track?
Thanks.