I missed n180 deadline, but so did claimant (UKPCL)

patient_dream

The simple fact is that a drive-thru is not a car park

If QDR do not understand this, then the Judge will be waiting with his spanking stick

Let's see just how stupid they can get

UncleThomasCobley

As a matter of interest, what exactly did the PoC state? Did they state that you "parked" or that you were "on the premises" for the duration, assuming the PoC state anything at all about the cause of action.

Also, what does the PCN state exactly? Which of their terms are they alleging you breached., and what detail do they state in it?

turtlemoose

Edited for clarity: here are the answers to @UncleThomasCobley's questions.

the poc says (chopped out the stuff irrelevant to the question) :

"...claim is for an outstanding parking charge issued to VEHICLE at LOCATION etc etc. Vehicles parking at the site are subject to the parking restrictions and terms and conditions which are set out on signs at the site and form part of a contract between the driver of the vehicle and the claimant. On DATE, the vehicle was parked at the site in breach of the contract, the contravention being parked for longer than the maximum period permitted. " .

The PCN says "The vehicle was recorded on our client's private property at LOCATION from DATE TIME to DATE TIME. The recorded duration of the stay was 1 hours 45 minutes which is in excess of the maximum stay time of 1 hours 30 minutes."

The next letter which is titled "notification letter" says something slightly different: "Parked for longer than the maximum period permitted at LOCATION on DATE TIME. Your vehicle was in breach of the terms and conditions which were clearly and prominently displayed on the signage and this was agreed by the driver when your vehicle was parked on private land." 

Coupon-mad

I guess because you've just had an encouraging DR hearing, you've already put in your WS bundle and are just waiting for a full hearing date.

QDR POC are a bit better than most but do miss out the 'period of parking' (minutes or hours?) not that it matters in your case as they will have already filed & served a full bundle too, I assume, so you know what the PCN is about and the alleged overstay.

turtlemoose

I've read through lots of AOBTD threads - court is tomorrow, any last minute tips i might not have thought of? No new evidence has submitted, but QDR have asked for costs of £400+.

Coupon-mad

You realise they can't have those costs in small claims (unless you do something unreasonable like arrive late or not turn up?).  They have sent that to scare you but it's NOT claimable.

turtlemoose

I lost and have been ordered to pay £212 in 21 days. 

I'm too upset to go in to it right now, but i made notes throughout and will write up a full account at a later time, in the hope it helps someone else.

Coupon-mad

So sorry to hear that. Which Judge/Court?  Tell us when you are ready.

£212 is less than the claim and does mean that the Judge disallowed the fake DRA fee double recovery.

UncleThomasCobley

Was this the same judge that you had for your DR hearing? Also, as a matter of interest, you mentioned very early on in this thread that you submitted your defence through MCOL. Can you show us the actual defence you submitted?

1505grandad

OP later posted  -  "........the defence was sent in via email (following instructions from the sticky post on this board), the MCOL thing was just the acknowledgement etc and saying that I was going to defend the claim."

Would be interesting to know the Defence filed though please.