Of course they wouldn’t take it all the way to a hearing as they’d be spanked in court. They were hoping you were low-nagging fruit on the gullible tree and would fold when litigation started.
VCS should have sent you a copy of the N279 Discontinuation Notice. By failing to do so, they have acted unreasonably.
Under CPR Part 38.3(1), the claimant must serve the Notice of Discontinuance on the defendant, but if this is not done, it could be seen as unreasonable behaviour. The defendant may then argue under CPR 27.14(2)(g) that the claimant's failure to notify the discontinuance caused unnecessary time, effort, or costs to be incurred. This should open the door for the court to order costs against the claimant, even in a small claims case, where costs are usually limited.
If the claimant's failure to serve the notice resulted in you unnecessarily preparing for a case that has been discontinued, you can apply to the court to seek costs for wasted preparation time, citing the claimant's unreasonable conduct.
You should also point out that the ‘White Book’ supports claims for costs under r.27.14(2)(g) when a party has acted unreasonably, as in the case of a claimant not serving an N279 on the defendant, which could fall under that definition if it leads to wasted resources.
Here is a suggested letter you should email to the court. Edit the number of hours you actually spent on preparing the letter and your WS:
[Your Name]
[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]
[Date]
The Court Manager
Swindon County Court
The Law Courts
Islington Street
Swindon
SN1 2HG
Claim No.: [Your Case Number]
Claimant: Vehicle Control Services Ltd (VCS)
Defendant: [Your Name]
Dear Sir/Madam,
Re: Claimant’s Failure to Serve Notice of Discontinuance and Application for Costs
I write in relation to the above-referenced case, where I have recently been informed that the claimant, Vehicle Control Services Ltd (VCS), filed a Notice of Discontinuance (N279) on 17th September 2024. However, the claimant failed to serve the notice on me as required under CPR 38.3(1).
As noted in my previous letter to the court dated 6th October 2024, the claimant had not complied with the court's case management order requiring them to file and serve documents by 24th September 2024. At that time, I was unaware that the claimant had already discontinued the claim. This failure to notify me of the discontinuance was not an oversight; the claimant was fully aware that their claim was vexatious and without standing. Their failure to serve the N279 Notice further underscores their intent to cause inconvenience and additional costs.
It is well known that this claimant, VCS, engages in vexatious bulk litigation, regularly discontinuing claims when it becomes apparent that the defendant will not capitulate. This has resulted in [X] hours of my personal time being wasted on preparing the 6th October letter and a witness statement. The claimant’s conduct clearly falls within unreasonable behaviour under CPR 27.14(2)(g), and I respectfully request that the court award costs against the claimant for the time and expense I incurred due to their failure to properly notify me of the discontinuance.
I respectfully request that the court:
1. Award costs for the time and effort I spent due to the claimant’s unreasonable behaviour.
2. Consider sanctions or remedies against the claimant for their conduct, particularly given their history of bulk litigation abuse.
Attached to this letter is a copy of my previous letter dated 6th October 2024 and a breakdown of the costs I have incurred.
Thank you for your attention to this matter, and I look forward to your response.
Yours faithfully,
[Your Full Name]
Defendant
Attachments:
1. Copy of the 6th October 2024 letter.
2. Breakdown of costs incurred.
Attach a copy of the 6th October letter to the court (confirm date it was actually sent)
Also attach a copy of the below breakdown of costs (adjust number of hours @ £19/hour to your situation):
Breakdown of Costs Incurred Due to Claimant’s Failure to Serve Notice of Discontinuance
1. Time spent preparing a letter to the court (6th October 2024):
2 hours @ £19 per hour (LiP rate) = £38
2. Time spent preparing witness statement (pre and post discontinuance):
2 hours @ £19 per hour (LiP rate) = £38
3. Postage and printing costs (for sending the letter and any related documents):
£5
4. Additional time spent following up with the court after the discontinuance (due to not receiving N279):
1 hour @ £19 per hour (LiP rate) = £19
Total Costs Claimed: £100
Legal References Supporting this Application:
1. CPR 27.14(2)(g):
This rule allows the court to award costs in small claims where a party has acted unreasonably. The claimant’s failure to serve the Notice of Discontinuance and their known history of vexatious litigation clearly constitutes unreasonable behaviour.
2. CPR 38.3(1):
This rule requires the claimant to serve the N279 Notice of Discontinuance on the defendant. The claimant’s failure to do so breached their procedural obligations.
3. CPR 1.1 – Overriding Objective:
The claimant’s failure to comply with the rules of service undermines the Overriding Objective, which requires cases to be dealt with justly and fairly. Their failure to notify me of the discontinuance wasted my time and caused unnecessary work.
4. Relevant case law – Vexatious claims:
In ParkingEye Ltd v Beavis [2015] UKSC 67, the court noted that claimants using bulk litigation tactics must ensure fairness and compliance with procedural rules. The claimant's failure to serve the N279 notice has caused unnecessary time and costs, warranting an award of costs against them.
5. LiP rate:
The Litigant in Person (LiP) hourly rate of £19 per hour applies to the time spent by a defendant representing themselves. This should be applied to the time I spent preparing documents and correspondence as a result of the claimant's unreasonable conduct.
