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#Post#: 99625--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: November 24, 2025, 1:05 pm
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OK, thx.
Again, can it go out from my email account but with her typed
name as the signature?
or ...
Should I prepare the correspondence for her to send from her
email a/c?
If only I could claim for your and my time too :-\
#Post#: 99669--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: b789
Date: November 25, 2025, 3:30 am
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It matters not one iota from whose account the email is sent.
That is the same as asking whether I should post something from
my local post office or a different one.
If you're worried about something, you can just use like "Hide
my email" if you're an Apple user. Just make sure you use an
email address that will be checked regularly.
#Post#: 100233--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: November 28, 2025, 10:43 am
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No, not worried about anything as such. Just thought it might
look a bit odd if the signatory was different from the e-mail
a/c name.
OK, thx for all the advice. About to file the complaint & claim
now - at last. I'll assume you want me to report back on any
progress/response from the court as I get it, unless you tell me
otherwise.
Thx again for guiding me thru this. Really appreciated.
#Post#: 100507--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: December 1, 2025, 7:40 am
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Sorry, back again.
OK, so I tried to amalgamate your draft letters to the court
posted at #141 and 144 into a single letter, and it's fairly
clear to me from those drafts that the only costs I can claim
appear to relate exclusively to post-discontinuance time spent.
But as already advised, that was all my time - not the
defendant's - which you have told me cannot be claimed.
The defendant spent approx. 4-5hrs of her time on this claim,
but that was all pre-discontinuance. If she cannot claim
pre-discontinuance time, doesn't that remove the raison d'etre
for the letter to the court? The complaint to the SRA is looking
like the only valid option available to us in this case - unless
you can explicitly confirm that pre-discontinuance costs can be
claimed.
I'm not sure how DCB Legal can be held liable for those costs,
and I don't want to submit a fraudulent claim just to make a
point about their non-compliance and ignorance of process.
#Post#: 100553--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: b789
Date: December 1, 2025, 11:15 am
---------------------------------------------------------
Once a claim has been allocated to the small claims track,
discontinuance does not automatically entitle the defendant to
all of their “pre-discontinuance” costs.
The normal rule in CPR 38.6 is that when a claimant discontinues
they must pay the defendant’s costs up to the date of
discontinuance. However, CPR 38.6(3) switches that rule off for
any case that is proceeding on the small claims track. Once
allocated, you are back in the small-claims costs regime, which
is CPR 27.14.
That does not mean you can only claim post-discontinuance costs.
It means that any costs you claim, whether incurred before or
after discontinuance, have to fit within what CPR 27.14 allows.
There are two routes.
First, the “ordinary” small claims costs: fixed issue fee, any
hearing fee, and certain limited disbursements such as
reasonable travel expenses and witness expenses. Those can
include things incurred before discontinuance, but they are a
narrow category.
Second, CPR 27.14(2)(g). The court can depart from the no-costs
rule and award “such further costs as it may assess on the small
claims track” where a party has behaved unreasonably. Under this
route you can ask the court to award your reasonable time as a
litigant in person at £24 per hour, plus any additional
disbursements, to the extent that work was caused by the
claimant’s unreasonable behaviour. That can cover work done
before discontinuance (for example, dealing with incoherent or
non-compliant particulars of claim, having to put them to proof
on points they ought never to have pursued, or work forced on
you by abusive pre-trial conduct) and work after discontinuance
(for example, having to chase them about an N279 signed by
someone whose authority they refuse to clarify).
So the short, honest answer is:
You cannot claim your full pre-discontinuance costs “as of
right” in the way a fast-track defendant could rely on CPR 38.6.
But you can still seek recovery of pre-discontinuance time and
expenses if you present them either as ordinary small-claims
costs (where they fit that box) or as costs flowing from
unreasonable behaviour under CPR 27.14(2)(g). The key is to tie
each chunk of time and spend to specific examples of
unreasonable conduct and then invite the court, in its
discretion, to award those sums.
In this case, a late discontinuance very close to a hearing (or
after you have incurred substantial work) can support an
application for unreasonable behaviour costs under CPR
27.14(2)(g), especially where, as in this case, the claim was
obviously weak or defective from early on (e.g. hopeless PoC,
clear PoFA failure, no standing, duplicate claims) and the
claimant pressed on, ignored clear rebuttals, then pulled out
only at the last minute.
#Post#: 100748--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: December 2, 2025, 12:30 pm
---------------------------------------------------------
OK, got it. Thx.
And phew! Good to know all that hard work (ie, yours) hasn't
gone to waste.
#Post#: 101034--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: December 4, 2025, 12:48 pm
---------------------------------------------------------
What is:
--- Quote ---
> (b) Liberty to apply.
--- End Quote ---
?
#Post#: 101072--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: b789
Date: December 5, 2025, 3:43 am
---------------------------------------------------------
“Liberty to apply” is a standard civil-procedure clause that
gives either party permission to return to the court only for
issues about the implementation of the order, not to reopen the
substance of the case.
It does not allow the losing party to re-argue anything decided.
It simply preserves the court’s ability to deal with practical
or consequential points that might arise after the order is
made.
#Post#: 101196--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: December 5, 2025, 12:20 pm
---------------------------------------------------------
OK, thx.
All done bar the sending. Before I send the letter to the court,
do I cc DCB Legal?
#Post#: 101198--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: b789
Date: December 5, 2025, 12:24 pm
---------------------------------------------------------
Yes. Anything you send to he court must be Ccd to DCB Legal.
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