Advice plz, QDR Solicitors Court claim and Statement of costs - Now with PoC

Sapain123

Hello all, bit of  advice if possible.

Background
I've got a court date with QDR next week.
Overstayed in a 2 hour car park, charlatans want £294.
I did overstay. 
I have filed a defence (below). 

Issue
Now being sent a 'Statement of Costs' by QDR solicitors of Another odd £250, so if I do go to court I now pay £250 just for having the temerity to defend myself. 

Means total bill about £550.

Question
Do I just cut my losses and pay up? And If I do show up and lose am I liable and will the judge award costs? Many websites I've seen say that if you show up and follow protocol no costs will be awarded. 

Defence 

I did not dispute this claim at appeal stage because I thought the
accusation was so poor as to not have any legal merit at all.

Key to this is s 5.8 of the Unfair Contract terms regulations 1999
on disguised penalties:

'5.8 Disguised penalties. Objections under the Regulations to an
unfair financial penalty can apply to any term which requires
excessive payment in the event of early termination, or for doing
anything else that the supplier has an interest in deterring the
consumer from doing'(Page 42)

If the claimant is claiming a penalty under a term of the
contract, this term is legally void due to 5.8 above.

If the claimant is claiming a breach of contract, the below
applies

1. The notice on entry to the car park makes no reference to
'entering into a contract', as per the particulars. The defendant
did thus at no point 'agree' to a £100 charge.

Even if a contract to stay two hours was breached:

As per the UK unfair contract terms guidance (1999):

'It is unfair to impose disproportionate sanctions for breach of
contract.' (page 40)

Further (also p40): A requirement to pay more in compensation for
a breach than a reasonable pre-estimate of the loss caused to the
supplier is one kind of excessive penalty. Such a requirement
will, in any case, normally be void to the
extent that it amounts to a penalty under English common law'

£100 is not a reasonable pre-estimate. If it is, can the claimant
lease demonstrate how overstaying has caused £100 of loss?

Further: 'A standard term is unfair 'if, contrary to the
requirement of good faith, it causes a significant imbalance in
the parties' rights and obligations arising under the contract, to
the detriment of the consumer'– Regulation 5(1).
Unfair terms are not enforceable against the consumer.

I argue that if the first two hours is free, charging £100
thereafter is significantly imbalanced, and imposes a
significantly imbalanced obligation on the consumer to pay.

As per 5.5 of the legislation, the amount is unfair:

'Assessment of unfairness focuses on the effect terms could have,
not just the purposes they are intended to serve. Thus a clause
may be unfair if it allows the supplier excessive discretion to
decide the level of a penalty.'

Obviously the supplier has had sole discretion in this case, and s
the penalty is unfair.

I would ask that the judge consider each of the below grounds
seperately.

2. The 'terms and conditions' boards in the car park are unlit,
and the text is very small. On the day in question, a dark
december morning, I parked before sunrise, meaning that the unlit,
mall writing was illegible.

3. The fine is unreasonable. The 'Charge' of £100 is not a
reasonable amount, as per Parkingeye vs Beavis. The ceiling in
that amount was £85.

4. The particulars of claim fails to mention the maximum period
permitted.

5. The fine is excessive. Can the claimant prove that £100 of loss
has occurred as a result of parking occuring?

6. Can the claimant break down the cost of the legal
representative please? £50 seems excessive.

Please strike this claim out.
There is a public interest argument in stopping cowboy operators
charging excessive amounts as within this claim.
 

Grizebeck

Ignore its just to frighten people and would not be allowed by a judge. 
I would actually show it to the judge to show their behaviour 

Sapain123

Grizebeck said:

Ignore its just to frighten people and would not be allowed by a judge. 
I would actually show it to the judge to show their behaviour 

Thank you pal, much appreciated.
So you reckon max damage to me is the £291, and I may as well go and try to defend myself?

UncleThomasCobley

The advice would have been to read the second post of the Newbies/FAQ thread when you received the LoC and follow the advice there and to file your defence using the template defence as provided.

Whilst you defence is not particularly well laid out, you are relying a lot on the CRA2015 which has to be taken into consideration by the judge, whether it is mentioned in the defence or not. You have also mentioned signage which is very often a winning point. Your argument about the excessive amount is a non starter.

Did you file your defence using the MCOL website? Can you show us the PoC as there is a very recent appeal judgment that gets many of these claims thrown out at allocation stage.

Umkomaas

Can you show us the PoC as there is a very recent appeal judgment that gets many of these claims thrown out at allocation stage.

I think in the main QDR put together better-than-most private parking PoC, but let's have a look at them when the OP posts them up. 

Sapain123

UncleThomasCobley said:

The advice would have been to read the second post of the Newbies/FAQ thread when you received the LoC and follow the advice there and to file your defence using the template defence as provided.

Whilst you defence is not particularly well laid out, you are relying a lot on the CRA2015 which has to be taken into consideration by the judge, whether it is mentioned in the defence or not. You have also mentioned signage which is very often a winning point. Your argument about the excessive amount is a non starter.

Did you file your defence using the MCOL website? Can you show us the PoC as there is a very recent appeal judgment that gets many of these claims thrown out at allocation stage.

Hi thank you, I did use MCOL - I can't find the particulars of claim - apologies, am a total novice - where would I look?

Sapain123

All I seem to have on the MCOL portal is my own defence?

Umkomaas

Sapain123 said:

UncleThomasCobley said:

The advice would have been to read the second post of the Newbies/FAQ thread when you received the LoC and follow the advice there and to file your defence using the template defence as provided.

Whilst you defence is not particularly well laid out, you are relying a lot on the CRA2015 which has to be taken into consideration by the judge, whether it is mentioned in the defence or not. You have also mentioned signage which is very often a winning point. Your argument about the excessive amount is a non starter.

Did you file your defence using the MCOL website? Can you show us the PoC as there is a very recent appeal judgment that gets many of these claims thrown out at allocation stage.

Hi thank you, I did use MCOL - I can't find the particulars of claim - apologies, am a total novice - where would I look?

The Court Claim letter telling you that they were making a claim against you. It would have been sent to you by the Northampton CNBC (formerly CCBC). 

KeithP

The Particulars of Claim are on your Claim Form - cunningly hidden in a box entitled Particulars of Claim.

Sapain123

Umkomaas said:

Sapain123 said:

UncleThomasCobley said:

The advice would have been to read the second post of the Newbies/FAQ thread when you received the LoC and follow the advice there and to file your defence using the template defence as provided.

Whilst you defence is not particularly well laid out, you are relying a lot on the CRA2015 which has to be taken into consideration by the judge, whether it is mentioned in the defence or not. You have also mentioned signage which is very often a winning point. Your argument about the excessive amount is a non starter.

Did you file your defence using the MCOL website? Can you show us the PoC as there is a very recent appeal judgment that gets many of these claims thrown out at allocation stage.

Hi thank you, I did use MCOL - I can't find the particulars of claim - apologies, am a total novice - where would I look?

The Court Claim letter telling you that they were making a claim against you. It would have been sent to you by the Northampton CNBC (formerly CCBC). 

Apologies - Struggling to locate that letter. I thought that the PoC you were referring to were within the MCOL portal at some point. It might be at my desk at work so can grab tomorrow if so. 

To the original point - Am I liable for costs?

patient_dream

WOW, the first £294 is a scam from QDR lete alone a double scam of £250
Who is the parking company ? is it UKPC ?

The max in court is £50 for solicitors costs WHICH is included in the £294

Your defence is not good and do not ignore.  There is a lot more with these claims than these foolish legals imagine

You are in court soon, so do not assume what a Judge will do

Personally I would like to see  a copy of the claim, if you can. REMEMBER to redact your information including the court password.

Coupon-mad will be along soon to show you all is no lost .... IS IT UKPC ?