QDR Solicitors - Claim for multiple parking charges.

LDast · 28 May 2024 at 4:13PM

Harbmeister said:
Hi @LDast,
Per a pm from @Coupon-mad I made a request to the Court for the claim to be struck out. The points are similar to the recent application by Neverafine with some personal circumstance details included it and of course tailored to highlight the failings relative to my case.

What I mentioned was just a suggestion. You have a lot of case law to get your head around but if you feel you have the capacity to add the suggested strike out matter, then there is no harm in trying to get the court to agree with it. It's just an extra arrow in your quiver.

Harbmeister · 29 May 2024 at 7:46AM

Hello All,
Just ordering my papers in readiness for today - Court is in a little more than two hours.

I would doubt these queries would reach you in time ... but you never know

1/ Am I allowed to take a laptop? My WS is 52 pages and in this hearing I may not refer to it. Also if the Judge allows the order from QDR I will (presumably) be changing it for a new hearing.

2/ I don't know the order of exchanges and how many times I am allowed to speak. First will be to challenge the amended Claim Form and PoC. But I then need to request the case is struck out. I guess I just go with the flow and hope the Judge is forgiving of my amateur status.

Harbmeister · 29 May 2024 at 11:16AM

Hello All,

Just back.
No case strike out and the Judge will allow the amendments to the PoC. It was fairly close (I think) but in the end he was convinced the C has a good claim.
The C's Brief did a lot of "I don't knows" and "sorry Judge I am not aware" and didn't have a copy of my request to strike out.
The Judge said I have been prejudiced and that the Claimant is responsible for costs I incur in changing my WS etc.

Do I get a copy of the transcript?

I quoted the paragraphs of case law when asked - but the Judge maintained that whilst he understood the cases that those were made by other Judges and therefore whilst relevant in context would not influence his decision in this hearing.

To be fair for the first 10 mins or so the Judge did a good job of grilling the C's Brief, as he had taken time to become familiar with C's application and also my request to strike out ... and I thought I was on a winner ... but now I realise she probably knew the outcome and put in little effort.

He did quote Denton and said the breach(es) were serious, and there was not a sufficient explanation for the lateness. But he has allowed the claim to continue.

I did feel at one point when asked if there was anymore I wished to say that a divine intervention would occur but I found myself not knowing what in my armoury I needed to use.

So in summary I need to 'go again' - a new hearing date will be set - and the holes in their case have been sewn up.

Coupon-mad · 29 May 2024 at 12:44PM

Well done. Hard work, innit?

The question about "any more you wish to say?" was your moment to ask for your costs for attending today! They nearly always ask that and can't prompt you to go for costs by asking you directly.

Well done. I had a feeling your local court would be an uphill struggle, as I recall no useful judgments ever coming out of that court. I wonder exactly what conduct it would take for a Judge to call QDR out and strike the claim?

I am glad the Judge agreed that the cumulative breaches were 'serious' and that you can claim costs caused by the delay & extra work of reissuing your WS.

I presume the C has to send you something first or does their draft amended POC stand as their POC and the ball is in your court now?

Harbmeister · 29 May 2024 at 12:52PM

Coupon-mad said:

Well done. Hard work, innit?

The question about "any more you wish to say?" was your moment to ask for your costs for attending today! They nearly always ask that and can't prompt you to go for costs by asking you directly.

Well done. I had a feeling your local court would be an uphill struggle, as I recall no useful judgments ever coming out of that court. I wonder exactly what conduct it would take for a Judge to call QDR out and strike the claim?

I am glad the Judge agreed that the cumulative breaches were 'serious' and that you can claim costs caused by the delay & extra work of reissuing your WS.

I presume the C has to send you something first or does their draft amended POC stand as their POC and the ball is in your court now?

Yes I think I should have known what that was ... I have emailed the Court apologising for not knowing process and attaching a claim for costs for today ... oh well!!

The Judge dictated the Order changes to C while we were in Court and asked C to email me a copy. I have refused to give C my email - and so I asked the Clerk to ask the Judge to have the Court send me a copy.
I was feeling sore at 'Miss C' sitting, squirming, apologising, and still getting a result.

As to your 'what happens next' question I think it is C to send the Court/me something along the lines of they have 7 days I have 14 etc.

I guess I now have the opportunity to spend some hours on my documents and if I do lose there should be less in it.
Are the costs I can claim related to my salary/hourly rate?

Thanks again.

Coupon-mad · 29 May 2024 at 12:58PM

Yes - loss of leave or salary.

Harbmeister · 29 May 2024 at 2:17PM

Ok thank you.

I hope to be back soon with a clear head and a second wind.

Thanks again you folks

Harbmeister · 5 June 2024 at 8:29PM

Hello,
I am now in possession of the Court Order/Judgement & just received the amended PoC + amended Claim Form.

The order/judgement is below.

The amended Claim Form and PoC are exactly as received previously (posted on pages 6 and 7 of this thread).

Following the advice of @Coupon-mad ... I have composed and sent a request to discontinue. I will published this in the next post.

I have until 19th June to serve an amended Defence and 3rd July to provide a 'new' WS (and supporting docs).

Thanks in advance all.