Parking Claim Discontinued? How to Claim Costs Back Under CPR 38.6

The Operator Just Quit. Now You Can Claim Costs.

If you defended a private-parking claim and the claimant filed a Notice of Discontinuance (form N279) before the hearing, the operator has effectively conceded the case. Most defendants treat this as a "win and walk away" — they file the defence away, the bailiff threat evaporates, and they move on. But there is one more step worth taking, and the law is on your side.

Under Civil Procedure Rule 38.6(1), a claimant who discontinues is presumed liable for the defendant's costs to the date of the notice of discontinuance, unless the court orders otherwise. In the small-claims track the costs are limited by CPR 27.14, so the amounts are modest, but the principle stands. Claim what you can. It is your time and inconvenience.

What Is Actually Recoverable in Small Claims

The small-claims fixed-costs regime in CPR 27.14 limits what an unsuccessful party can be ordered to pay. The recoverable heads are:

For a typical litigant-in-person parking defence that was discontinued before any hearing happened, the recoverable items are limited to loss of earnings for time spent preparing (capped at £95/day) and any document or postage costs. Don't expect to recover the £9.99 pack fee — it is not within CPR 27.14.

Step 1: Get the Discontinuance in Writing

Notice of Discontinuance is form N279. The claimant files it at court and serves a copy on you. The court formally acknowledges the discontinuance, the case is closed, and any directions, hearing dates or witness statement deadlines fall away.

You should receive either:

1. A copy of the N279 directly from the claimant or their solicitor
2. A notice from the court (form N280) confirming the discontinuance

Keep both. The N279 is the trigger for your CPR 38.6 entitlement.

Step 2: Calculate Your Costs Schedule

Set up a simple table. List every dated activity and the time spent. Be realistic — small-claims judges are sceptical of inflated schedules.

Example:

That £82.28 is recoverable in principle. It is not a fortune but it is yours.

Step 3: Apply for the Costs Order

There are two routes, depending on how cooperative the claimant is:

Route A: Costs by consent (preferred)

Write to the claimant or their solicitor enclosing your costs schedule and asking them to consent. Many operators will pay a modest sum (£50-£150) to close the file without further court involvement. If they consent in writing, file the agreement at court for a sealed consent order.

Route B: Application for costs at the court's discretion

If the claimant refuses or ignores you, file an N244 application notice at the court, attaching your schedule and asking the court to award costs under CPR 38.6. The court fee is £59 (paper) or £29 (online) for an application without notice. The judge will decide on the papers or list a brief hearing.

Make sure your application is filed within a reasonable time of the discontinuance. There is no hard limit but the rule of thumb is within 1-2 months; longer delays are evidence of acquiescence.

Step 4: What the Court Will and Will Not Award

Likely to be allowed:

• Postage and recorded-delivery fees (genuine receipts)
• Loss of earnings at up to £95/day with proof (payslip, employer letter, self-employed tax records)
• Court fees on your own application (if you brought one)

Likely to be reduced or disallowed:

• Unsupported time entries (no contemporaneous record)
• "Stress and inconvenience" — not a recognised head of cost
• Solicitor fees if you didn't actually use one (£80-£105 fixed costs apply only if you had legal representation)

In practice, awards on discontinued parking claims tend to land in the £40-£150 range. Worth doing but not life-changing.

When CPR 38.6 Does NOT Apply

The presumption of costs against the discontinuing claimant does not apply if:

• The claim was on the fast track or multi-track rather than small claims (different costs regime)
• The discontinuance was part of a Tomlin order or settlement agreement (costs are dealt with in the settlement)
• You agreed to discontinue (eg accepting an offer of "drop claim, walk away")

Read the N279 carefully. If it says "without costs" and you sign anything alongside it, you may have waived the entitlement.

Step 5: After You Receive the Costs Award

Pay attention to whether the court:

• Made an order with a fixed sum — payable within 14 days, enforceable like any judgment
• Approved your schedule for assessment — needs a detailed bill, takes longer
• Recorded the costs as "in any event for the defendant" — meaning you can recover them if the operator ever re-files (rare)

If the operator doesn't pay the order, you can enforce as a regular judgment debt — the irony of using the bailiff route against the operator who threatened it against you is not lost on most defendants.

Numbers That Matter

• CPR 27.14 cap on loss of earnings: £95 per person per day
• N244 application fee (paper): £59
• N244 application fee (online): £29
• Typical award range on discontinued parking claims: £40-£150
• Time limit to apply: no hard rule; aim for within 1-2 months
• Solicitor's fixed costs: £80-£105 (only if you had a solicitor)

Related Reading

• County Court Claim Form N1 Parking Defence — the defence that triggered the discontinuance
• N244 Set-Aside Parking CCJ — different N244 use case
• DCBL Doorstep Visit Stop Letter — if the discontinuance came after bailiffs were instructed