Free Traffic Legal Advice

Subject: Claim [<claim no.>] – Mediation concluded – Claimant refuses to discontinue – Costs and strike-out

Dear Sirs,

Following today’s Small Claims Mediation appointment, I note as follows:

The mediator confirmed that the claimant is not looking to continue the claim.

Despite this, your authorised representative, described only as a “Litigation Support Officer”, refused to file or confirm a Notice of Discontinuance (N279).

You instead sought a “drop hands” settlement, which I declined, as there is nothing to settle. The PCN was cancelled on 1 October 2025, extinguishing any cause of action.

I have already provided written evidence of the cancellation, to which you have never responded.

It is wholly improper to continue litigation once the cause of action has been extinguished. Your refusal to discontinue, coupled with use of a Litigation Support Officer to conduct the mediation and make representations, raises serious regulatory concerns. The conduct of litigation is a reserved legal activity under s.12 and Sch.2, para.4 of the Legal Services Act 2007, and only authorised or exempt individuals may undertake it.

Your behaviour amounts to unreasonable conduct within the meaning of CPR 27.14(2)(g). Unless I receive written confirmation by 4:00pm Wednesday 12th November 2025 that an N279 has been filed and my £114 costs paid within 14 days, I will:

1. Invite the court to strike out the claim under CPR 3.4(2)(a)/(b) and to assess costs; and

2. File a formal report to the Solicitors Regulation Authority (SRA) regarding both the unauthorised conduct of litigation and your continued pursuit of a cancelled claim.

Please treat this as open correspondence and respond accordingly.

Yours faithfully,

[Your Name]
[Your Address]
[Your Email]
Defendant

Attachments:

PCN cancellation email (01/10/2025)

Costs schedule (£114.00)

Subject: Claim [<claim no.>] – Mediation outcome – Claimant not continuing but refusing discontinuance – Request for court action under CPR 3.3/3.4

Dear Sir/Madam,

Following today’s Small Claims Mediation Service appointment, the mediator confirmed that the claimant does not intend to continue this claim, but their representative refused to file a Notice of Discontinuance (N279). The underlying PCN was cancelled by the claimant on 1 October 2025, leaving no live cause of action.

I therefore respectfully invite the Court, under CPR 3.3(1) and CPR 3.4(2)(a)/(b), to consider striking out the claim of its own initiative as disclosing no reasonable grounds and being an abuse of process.

The defendant’s costs of £114 are enclosed for the court’s consideration under CPR 27.14(2)(g) (unreasonable conduct).

Yours faithfully,

[Your Name]
[Your Address]
Defendant

Attachments:

Cancellation email (01/10/2025)

Costs schedule (£114)

Mediation summary (brief note confirming refusal to discontinue)