Euro carparks / QDR solicitors letter before court action please help

Etccarmageddon

I believe ECP are using a scatter gun process in their admin as they also submit supposed 'evidence' at popla appeals that is incorrect potentially due to a copy and paste on mass policy.

yetneveragain

Can the PoC be signed "QDR Solicitors Ltd"? I thought that an individual authorised by the claimants solicitors has to sign a statement of truth.

Coupon-mad

yetneveragain said:

Can the PoC be signed "QDR Solicitors Ltd"? I thought that an individual authorised by the claimants solicitors has to sign a statement of truth.

Hmmm, good point:

https://www.cilex.org.uk/membership/practice_advice/faq_definitions/signing_a_statement_of_truth/

"Certain documents in civil proceedings must be verified by the signing of a statement of truth. Paragraph 3 of Practice Direction 22 of the Civil Procedure Rules (‘CPR’) sets out who may sign the statement of truth and how. It may be signed by the legal representative, who must state the capacity in which he or she signs and give the name of his or her firm, but must sign in his or her own name and not that of the firm."

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part22/pd_part22

3.9. A legal representative who signs a statement of truth must sign in their own name and not that of their firm or employer.

So as well as the above issue (having seen no service of detailed POC yet) QDR are:

- not particularising ANYTHING about the parking charges;

- specifying no locations, dates, terms nor even how many PCNs or heads of cost;

...although a 'contract' is mentioned, they go on to say that this is a claim for DAMAGES (!):

Methinks QDR are perhaps a tad rusty!

  

Theyreallouttogetme

OK! Today I've joined moneyclaim and filed my AOS. and have a little time to construct my defence.

I understand the minor adjustments required in section 2 of the template.This is my first draft of section 3.

I would be very grateful for any learned advice. Ive tried to cover all bases but overall, I think its quite wordy and I don't know if I'm missing things.

1, On 20/5/2022 at 5:30 p.m. The defendants wife drove their daughter, into South Shields ECP town centre car park opposite the old library to collect something reserved at a shop. 

2, Their daughter suffers from rheumatoid arthritis (blue badge NBDM9601099Y0723) and was in flare up at the time. Although she was able to walk with some pain she was unable to drive her own car. At best recall the carpark had only two other cars in it out of a total capacity of around 200+ 

3, In June of 2022 the defendant received a PCN from Euro Car Parks with a “discounted” £60 charge, cameras recorded the total visit as 10 minutes and 26 seconds.The defendant wrote back, saying that they were only 26 seconds outside of the 10 minute grace period! That their daughter was a blue badge holder and his wife did not park the car or even get out, she only waited for their daughters return. 

4, This had no effect and the letters kept coming and the amount increasing, causing all concerned considerable distress given that he and his wife are both on their pensions. 

5, The defendant later read that, in addition to the initial consideration period, those with disability should be given extra time and leniency and on this understanding, asserts that in this case the parking operator failed to make 'reasonable adjustments' of fixed time policies, which is illegal under the Equality Act 2010. 

6, The defendant asked his local councillor Mr Ian Forster to appeal to Euro Car Parks on his behalf. Cllr Forster wrote to ECP citing their daughters status and the brief length of time (26 seconds!!) they had spent over the 10 minutes in an otherwise deserted car park. Euro car parks used the “trick” of writing back to the counsellor with the response that the "matter was out of their hands and with debt collectors". 

7, The defendant then asked his local MP Kate Osbourne if she could appeal on his behalf and she wrote directly to ECP managing director, this time the response was simply that ECP could not help because the matter was now with solicitors. 

8, The defendant feels that this is a David and Goliath struggle between a disabled girl and her mother, neither with any malicious intent, against a morally bankrupt organisation and is resolute in attening court in order for justice to prevail.

 

Not_A_Hope

Most of the detail you have included should be saved for your witness statement.

As they have not detailed which of their T&Cs they allege you broke you should be using the Chan defence to get this thrown out of court. Please confirm you are including that. Therefore you should state what the driver was doing but DO NOT mention anything about an alleged overstay. Just simply state the driver was parked for a short duration and why. Keep any references to disability and Equalities Act.

Save any other details for your WS should it be necessary.

Etccarmageddon

In my opinion I would focus on the claim form being invalid as it isn't signed and all the issues coupon mad has stated

Le_Kirk

Agree about Chan, just use the @hharry100 defence and keep your paragraph 3 short as per the advice from @Not_A_Hope  

Not_A_Hope

Just a heads up. @Bellatrix42 has recently received more detailed POC for their claim from QDR which means you might too. @Coupon_mad suggested they probably would 

Theyreallouttogetme

Thank you all so much for your help. Here is my shortened second draft for section 3 in line (I think?) with advice given. I would appreciate your comments.

1,The defendant accepts that the vehicle was in the carpark but only for an extremely short period of time, the reason was to drop off and pick up their disabled daughter (blue badge xxxxx). The driver did not park the car or even get out, they only waited fleetingly for their daughters return and this has been communicated to ECP from the outset. 

2, The defendant understands that those with disability should be given extra time and leniency and in this case the parking operator failed to make 'reasonable adjustments' of fixed time policies, which is illegal under the Equality Act 2010.

 In addition, I have also received the following PoC from ECP does this mean I should not paste the Chan defence into my defence?

Coupon-mad

Chan won't apply. Show us the new POC.