QDR Solicitors - Claim for multiple parking charges.

Harbmeister

Umkomaas said:

Itemise them all, then let the judge decide. He/she will be much better placed to tell you what's acceptable than a simple parking forum. If you don't ask, you don't get, if you ask for too much, it will be trimmed back if thought excessive. Don't over-egg it though. Take proof with you of each item to any hearing. There's no pre-determined formula to my knowledge. 

THANKS ... I intend to be sensible.

I realise my question is a little off topic - so appreciate the response.

Harbmeister

Hi Folks,
My WS and supporting docs (including cost claim and addendum) is due by Wednesday 3rd.

Is my WS an amended one or a new submission?

Any further tips appreciated thanks.

Coupon-mad

Your WS is headed as:

Second witness statement of the Defendant

Harbmeister

This morning in the post I got QDRs WS bundle. I have until 4pm (later today) to submit mine.

It's really quite comprehensive ... and a little scary.

1/ It has some typos. Should I pick up on those?
One example is below where they ask for admin costs twice for PCN 1

2/ Should I mention in my witness statement the harassing letter with additional costs I received from them?

3/ They say that the admin costs are set out in BPA code of practice which permits recovery up to £70.
Here they quote Indigo v Dadswell & others + Beavis + One Parking Solution Ltd v Norma Wilshaw + Vehicle Control services Ltd v Adam Percy ... on additional charges justified in those cases.
Also they say 'As both PCN 1 and PCN 2 remained unpaid the Claimant had no alternative but to issue Court proceedings to recover the outstanding PCNs. The Claimant incurred administrative costs, which resulted in the outstanding balance increasing.' Is that bad grammar or are they saying admin costs were incurred after court proceedings were initiated? Meaning their £70 isn't pre-PCN.

4/ Do I still do a "sign vs Beavis sign" in my defence? Does that go anywhere?

5/ Is it ok to append (or perhaps it's yes I am supposed to) my addendum for claiming costs at my hourly rate + my submission for costs [which remember the judge has allowed] to my WS bundle?

Thanks again!!

Coupon-mad

Yes just do all of the above but ignore this:

Here they quote Indigo v Dadswell & others + Beavis + One Parking Solution Ltd v Norma Wilshaw + Vehicle Control services Ltd v Adam Percy ... on additional charges justified in those cases.

They haven't attached the cases so talking about them is irrelevant! And your defence covered some of those cases...remember?

Do not get dragged down by these non-entity cases.

Harbmeister

Thanks @Coupon-mad

That's all done and submitted.

Not sure I used the correct vernacular for my extra points but they're in there.

Roll on 31st @ 2pm

Harbmeister

Hi Folks,
Court over.
I didn't have high expectations given the fact that QDR got their amended claim through and their WS was substantial.

So here's what happened. My Judge was DJ Falzon.

Judge summarised the case, the amount being claimed, and referred to my claim for expenses (from the DDJ last time). She said that on review she would be allowing me 10h x £19ph. My submission was for £522
She asked if C if he and I had spoken to try and settle. Reading the room I thought I might have a go, and so we went to an interview room. That got nowhere. C wanted the cost of both 'pcns' + costs ... I offered him £150. No deal then.

So in we went to see the Judge ... my knees trembling as she further set out the case then allowed C to speak - sounded like I was going to be thrashed.

C was really competent - we spoke later and he was there for a different (more serious) case so had been given mine.

Then me ... did okay in asking for a strike out (PoFA 4 etc.), then going down the exaggerated charges route, mentioning the previous debacle, and specific paragraphs from my WS.

Judge asked why I didn't remember who was using the car and how many people were allowed to drive it at the time.
She decided that on the balance of probabilities that I would have received at least one of the correspondences (eg NTK) sent by C ... and that if I was only the keeper I should have been able to give details to pursue the driver ... back at the time.

Judge quoted from the sign that parking for 1 hour was 50p and that the stays were for 11mins and 26 mins. That £99.50 was adequate compensation for each pcn. That three letters per claim + whatever other time was spent litigating me would have been covered in that £99.50 per pcn and so dismissed the 2 x £70 charges.

So judgement was made against me ... all very friendly ... for the sum of 2x pcns + fees - my compensation amount agreed by the Judge. I owe £169. More than happy with that.

Very grateful for all of the time spent by you and the contributions to my outcome.

Happy to answer any Qs.

Coupon-mad

Not bad in the end, assuming they were both 'POFA' PCNs (otherwise she was wrong to make you liable)!  It is OVER and you got costs to offset the claims.

They made nothing out of this.