Free Traffic Legal Advice

This is really helpful thanks.

I haven’t had a link from the court to join the video hearing either ( I sent my email details over as requested in the time scale set out by the court)  so i’m assuming it won’t be going ahead. I will try and contact the court tomorrow morning to clarify.  If the case does go ahead I will flag the lack of WS as you’ve outlined and let you know outcome.

Excellent result - thanks for the update.

Well done for persevering. You can, if you want, write to the court and ask that VCS be sanctioned for failing to notify you of the discontinuation. They are obliged to copy you in on their discontinuation notice to the court.

Under CPR 38.6(1), while discontinuance generally means that the claimant is not liable for your costs in small claims, there is an exception if the claimant has behaved unreasonably. CPR 27.14(2)(g) allows for costs to be awarded where a party has acted unreasonably. If the claimant's late notice of discontinuance results in significant costs or inconvenience for you, it could be argued that the claimant acted unreasonably, justifying an application for costs.

Although sanctions specifically imposed by the court for late discontinuance are less common in small claims cases, if the claimant’s conduct results in procedural unfairness or wasted time and resources, the court could consider this under its general case management powers. You could request that the court notes the unreasonable behaviour and, if applicable, applies r.27.14(2)(dg) to award costs against the claimant.

You should submit an application for costs if you believe that the claimant's conduct warrants it. This application would need to detail the costs incurred and explain why the claimant's behaviour was unreasonable. Supporting evidence, such as receipts and a breakdown of time spent preparing for the hearing, should be provided.

So, while the automatic protection of CPR 38.6(3) usually exempts the claimant from costs liability after discontinuance in small claims, an application based on r.27.14(2)(dg) for unreasonable behaviour could still lead to an award for costs if the court agrees with your position.

Here is a suggested letter/email to VCS:

Litigation Department
Vehicle Control Services Ltd (VCS)
[Company Address]
[City, Postcode]

[Date]

Dear Sir/Madam,

Re: Claim Reference [Your Claim Number]

I am writing regarding the above-referenced case in which VCS has discontinued the claim. I called the court today, one day before the scheduled hearing, and was informed that the claim had been discontinued by VCS. To date, I have not received formal notification of this discontinuation.

As you are aware, CPR 38.3 requires the claimant to serve notice of discontinuance (Form N279) to all parties involved in the proceedings. Your failure to notify me in a timely manner constitutes unreasonable conduct, causing unnecessary expense and inconvenience in my continued preparation for the hearing.

I hereby demand that you provide me with a copy of the N279 Notice of Discontinuance within seven (7) days of the date of this letter. If I do not receive this document within the stipulated timeframe, I will have no choice but to apply to the court for a costs order against VCS and request sanctions due to your unreasonable behaviour under CPR 27.14(2)(g).

Please note that if an application becomes necessary, I will be seeking reimbursement for all associated costs, including my preparation and application expenses.

I trust that VCS will address this matter promptly and avoid further escalation.

Yours faithfully,

[Your Name]

The following can be sent to the court. It should be as a letter in PDF format attached to an email for the attention of the court manager:

Dear Court Manager,

Re: Claim Reference [Your Claim Number]

I am writing to formally lodge a complaint regarding the conduct of Vehicle Control Services Ltd (VCS) in relation to the above-referenced case.

I recently discovered, only one day prior to the scheduled hearing, that VCS had discontinued their claim. This information was provided when I called the court to enquire why I had not received a link to join the video hearing. This was despite having sent my email details within the timeframe set out by the court.

I find it deeply concerning that VCS failed to notify me of the discontinuation as required under CPR 38.3, which mandates that the claimant must serve a notice of discontinuance to all parties. This failure has caused unnecessary stress, inconvenience, and expense as I continued to prepare for the hearing.

I respectfully request that this letter be referred to the case management judge for consideration. I believe that the judge may wish to assess whether VCS’s conduct warrants any sanctions or action under CPR 27.14(2)(g), and if there is any recourse available for the costs and time I expended in preparation for this hearing.

I appreciate your attention to this matter and look forward to any guidance or direction the court may offer.

Yours faithfully,

[Your Name]