QDR Solicitors - Claim for multiple parking charges.

Trainerman

Interesting that the P.O.C. are not only badly written, but also try to infer/claim that the £140 "contractual costs" were examined and approved in Beavis, which is, of course, totally false

Coupon-mad

Yep, usual blather.  But not a reason to oppose the application which the OP has now attempted, using case law.  We'll see.

Worst case is the C sees their application permitted and the D will have to defend afresh.  It wasn't unreasonable to say no when invited to consent to a last minute N244.

Harbmeister

I have all fingers crossed.

Worst case is either that they already have their order approved (or that they will and my application is rejected).
Then as you say I've slipped down a snake ... and my defence will be harder.

Better is that both are rejected and the original hearing goes ahead.

Best is of course that it gets struck out because they didn't manage the claim and deadlines properly.

Harbmeister

Hi All,
I just returned from a holiday and two things have happened.

1/ I have a letter from QDR saying they have filed costs (and includes a copy of their Statement of Costs).
They list: Hearing Fee (£59); Claim Fee(£50); Claim Legal Cost(£50); Quest Agent Fee(£150) ... = £309.
If I look at the PoC, they already listed Court Fee (£50) and Legal representatives costs (£50) so are these duplicates? If so should I pick-up on this?

2/ At 10.30am this morning I received an email from the Court advising:
"As per Judges directions, the application hearing will be heard on 29th May 2024 (tomorrow) in place of the trial. The trial will be re-listed after the hearing." 
Both QDR and myself have made applications, and so I am presuming that it includes both their amended PoC and application to re-list, and my application to strike?

I could do with advice on hard copies of documents I need for the hearing...
QDR original PoC
QDR amended PoC and their application
My Defence 
My Witness Statement
My application to strike

Any tips on approach or what the sequence of events will be would be useful...thanks.

LDast

Make yourself a crib sheet of all the points you want to raise. they cannot claim anything more than what is on the claim form. This is the small claims track and they are limited to what was on the claim form. The only way they could possible get more than that is if you have acted unreasonably and that is a high bar to achieve. Not showing up or not submitting a WS for example.

They are just trying to intimidate you.

It may be a bt late but you should maybe ask that the claim is struck out as a preliminary matter as the Claimant has abused the process by claiming more than the original PCN amount of £100 as PoFA 4(5) requires. By claiming more than the legislation allows, they are in breach of CPR 1.1, CPR 3.4(2)(a) and (b) and CPR 27.14 (look them up).

Coupon-mad

I don't think you made an actual N244 'application' to strike it out? This is their application being heard.

But you need to take copies of everything (and proof it was all served in time) and be very familiar with what your objections and case law say and why this eleventh hour application should be rejected.

They had MONTHS to get the case properly pleaded. Why should they breach the previous court order by waiting until the very day the WS and evidence was due (that you still haven't seen) and cause two hearings?

They can't have extra costs except the hearing fee (these are not duplicate costs so don't waste time on that).  They could only have those extra costs (for the legal rep) if you behaved wholly unreasonably, which you haven't. THEY HAVE.

Turn up!  Make sure you attend early, to get through court security and sign in with the Usher.

Do not talk to the legal rep in a side room beforehand. Politely decline.

The other case like yours saw QDR run away because it was Manchester court who are usually against parking firm tricks.

Which court is hearing this one?

Go in assuming the Judge has NOT READ your stuff. When it's your turn to speak:

Lead the Judge to your wealth of case law which is authority for saying an eleventh hour application should not be allowed. Practise walking the Judge through those binding High Court cases.

Remember the basis of your defence, too, in case the Judge goes into that.

Remind the Judge that not only did the Claimant miss the Order deadline to file and serve WS & evidence bundle in May, but they ALSO missed the 14 day deadline back in October to file & serve full POC, which breaches the CPRs.

There is a 'cumulative pattern' in this case of the C missing deadlines and acting as though the CPRs snd Court Hearing Orders do not apply to them.

And you've been used as the pawn in their game.  Your case law confirms this is not an application that should be allowed.

Take proof of your loss of a day's leave or salary/earnings. Ask for those costs at the end.

Harbmeister

LDast said:

Make yourself a crib sheet of all the points you want to raise. they cannot claim anything more than what is on the claim form. This is the call claims track and they are limited to what was on the claim form. The only way they could possible get more than that is if you have acted unreasonably and that is a high bar to achieve. Not showing up or not submitting a WS for example.

They are just trying to intimidate you.

It may be a bt late but you should maybe ask that the claim is struck out as a preliminary matter as the Claimant has abused the process by claiming more than the original PCN amount of £100 as PoFA 4(5) requires. By claiming more than the legislation allows, they are in breach of CPR 1.1, CPR 3.4(2)(a) and (b) and CPR 27.14 (look them up).

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.

Coupon-mad

Except you didn't 'make an application' so don't use that phrase in court.

Harbmeister

Coupon-mad said:

I don't think you made an actual N244 'application' to strike it out? This is their application being heard.

But you need to take copies of everything (and proof it was all served in time) and be very familiar with what your objections and case law say and why this eleventh hour application should be rejected.

They had MONTHS to get the case properly pleaded. Why should they breach the previous court order by waiting until the very day the WS and evidence was due (that you still haven't seen) and cause two hearings?

They can't have extra costs except the hearing fee (these are not duplicate costs so don't waste time on that).  They could only have those extra costs (for the legal rep) if you behaved wholly unreasonably, which you haven't. THEY HAVE.

Turn up!  Make sure you attend early, to get through court security and sign in with the Usher.

Do not talk to the legal rep in a side room beforehand. Politely decline.

The other case like yours saw QDR run away because it was Manchester court who are usually against parking firm tricks.

Which court is hearing this one?

Go in assuming the Judge has NOT READ your stuff. When it's your turn to speak:

Lead the Judge to your wealth of case law which is authority for saying an eleventh hour application should not be allowed. Practise walking the Judge through those binding High Court cases.

Remember the basis of your defence, too, in case the Judge goes into that.

Remind the Judge that not only did the Claimant miss the Order deadline to file and serve WS & evidence bundle in May, but they ALSO missed the 14 day deadline back in October to file & serve full POC, which breaches the CPRs.

There is a 'cumulative pattern' in this case of the C missing deadlines and acting as though the CPRs snd Court Hearing Orders do not apply to them.

And you've been used as the pawn in their game.  Your case law confirms this is not an application that should be allowed.

Take proof of your loss of a day's leave or salary/earnings. Ask for those costs at the end.

Apologies, yes, it was a request not an application.

Court is South Tyneside.

"Lead the Judge to your wealth of case law which is authority for saying an eleventh hour application should not be allowed. Practise walking the Judge through those binding High Court cases."
< picture of knees knocking! >

I will build my portfolio tonight and practice ... thanks.

"Take proof of your loss of a day's leave or salary/earnings. Ask for those costs at the end."
Is this because they've made me go to a hearing rather than the trial hearing itself?
I planned to take 2hours off only.

Coupon-mad

You were entitled to ask for any loss of leave/salary even if this had proceeded as the PCN hearing.  Now they are trying to put you through it twice.

I know it is nerve-wracking (been there, done that several times and I still don't love court!) but if you can just get the Judge to read your case law links, I think those cases will speak for you.

Go in assuming he/she hasn't read them.

There's even one about CUMULATIVE breaches.  Seems to match your case. Read your submission I wrote for you, as it says which one says what.