Shoddy Claim Form Euro Car Parks / QDR Solicitors

LDast

OMG... this is going to be hilarious. As advised by @Coupon-mad, under no circumstances agree to that order.

They are hoping that you lack an understanding of the process. If you were to agree, it would cost them £109 to file the N244 and it would then allow them to submit those revised PoC (still flawed but we'll come back to that) and you would have an opportunity to submit a new defence. However, they have asked for no order as to costs which means that, if you were to lose the claim, they could then ask for the £109 to be added to the CCJ.

By refusing to agree, they will be forced to pay £303 to file the N244 and a hearing would be required with no guarantee that their request would be accepted. You would also have an opportunity to put forward your reasons why they should not be granted the request. They really don't want that and are hoping you are too gullible to know this.

By forcing them to require a hearing for their request, you will have an opportunity to blast them out of the water and even get the whole claim dismissed with the satisfying knowledge that it has cost them around £350 just to get there and lose it all.

Para 12.2 in their amended PoC is an abuse of process and therefore breaches CPR 1.1, CPR 3.4(2)(a) and (b) and CPR 27.14 because PoFA 4(5) specifically states that the maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 9(2)(d). The amount specified in the NtK is £100. They are claiming £170. They say that it is "contractual" charges. Nowhere in the sign they have shown in their amended PoC is there any mention of additional contractual charges.

Additionally, in their supposed contract to operate on the site, under the "Authorisation instructions" point #5, it says the agreement runs from 10/02/2017, 5 year automatic renewal. That suggests that the agreement renews automatically every year for 5 years. Therefore it expired 10th February 2022 and they have no landholder authority to issue PCNs in the first place.

Aside from all the other points in the defence, I wonder if they will even try to file this if you refuse to agree to the draft order. I just wonder if someone at QDR screwed up with the date problem and now they are trying to redeem themselves with the client. the level of intellectual malnourishment on display is nothing short of stupendous.

Johnersh

However, they have asked for no order as to costs which means that, if you were to lose the claim, they could then ask for the £109 to be added to the CCJ.

This is incorrect. "No order for costs" means exactly that. Neither side can seek costs from the other in connection with the amendment. 

Whilst it means C's costs won't increase and can't be passed on, that is NOT the usual order following an amendment. It ought to be "the claimant do pay the defendants costs of and occasioned by the amendment". They should wear the costs of their error and that includes Ds time researching and responding to what is effectively a wholly new claim.

What the claimants application does not explain is why the entirety of the particulars need amending if the issue is just the date. This is, in essence, an acknowledgement that the original pleading is defective. It's why 28 days for a defence is reasonable and it's why there should be adverse costs.

Tiredofbeingdone

I'm thinking something like this as a reply, keeping it simple. Thoughts?

==========================

Dear QDR Solicitors,

The contents of your email below are noted. I do not consent to your request to amend the Claim Form and Particulars of Claim for this matter.

Please note that should you choose to proceed to file the application regardless of my wish, I will seek additional costs for the significant additional work I will incur to alter my defence.

==========================

Thanks for everyone's support!

Fruitcake

I wouldn't use "Dear" in any salutation dealing with the unregulated private parking industry.

I believe the standard format for formal documents is, Sirs, and Yours faithfully, unless you are dealing with a specific named person.

Coupon-mad

Tiredofbeingdone said:

I'm thinking something like this as a reply, keeping it simple. Thoughts?

==========================

Dear QDR Solicitors,

The contents of your email below are noted. I do not consent to your request to amend the Claim Form and Particulars of Claim for this matter.

Please note that should you choose to proceed to file the application regardless of my wish, I will seek additional costs for the significant additional work I will incur to alter my defence.

==========================

Thanks for everyone's support!

Not what I'd do.

As I posted before, use the case law and longer response seen in the thread by @Neverafine  which caused QDR to discontinue. Can't promise it will work the same because in the thread by @Harbmeister  QDR were granted a hearing of their application and can proceed.

Worth a try though? Which is your court?

Tiredofbeingdone

OK, I’m back!

I received the following two papers from the court this week, interestingly one is dated 22 March (I hadn’t seen it before), transfers the case to Reading County Court.

The second is a General Directions Order, which I could use some tips on. It mentions missing documents but not which ones. Since they are requesting a copy of the defence I assuming this is the missing document(s).

General Directions & Allocation

The reason I’m especially confused is that I’m unsure what I’m defending. QDR assembled a pretty sub-standard claim (second attempt – initial claim form was garbage), for which I submitted a defence on 1st Feb. Details earlier in this thread.

QDR then sought to amend their claim in June through an N244. They requested I consent to this amendment, which was declined. Despite receiving the consent-declined response prior to submission, they appeared to file the application anyway with the comment in the N244 “The Claimant wishes to advise the Court that the consent of the Defendant has been sought and the Court will be updated as soon as a response is received from the Defendant.”.

Should I have received formal notification from the court of an amendment / N244 being submitted and accepted by the court?

N244 submission by QDR

Hoping this community can advise whether I should:

1. Re-submit my original defence of 1st Feb because the court has mislaid it? or;
2. File a new defence based on QDR’s N244, even though I explicitly denied consent? No notification has been received from the court (or QDR) since to indicate that the N244 was received or accepted by the court.

Unfortunately I have lost access to the claim online and apparently there is nothing MCOL can do to get that access back.

Thanks again for all your support!

Gr1pr

1). There has been a spate of missing defence documents recently, so definitely email a copy of your defence to your local civil court named on the court order, ASAP 

2). The defence needs to be the exact one filed at the time, because the CNBC will have sent a copy of the submitted defence to the Claimant ( you can only send an updated defence if your latest court order directions tell you to file an amended ( not new. ) defence 

It would help if you posted redacted pictures of the court orders etc

Your WS bundle can wax lyrical on the issues, you could ask your court to provide new directions regarding those matters when you email a copy of your original defence 

Perhaps look at the recent posts by Ldast that contains some special orders ?

Ps, once the CNBC transfer a case to the court nominated on the N180, they wash their hands of it, no further involvement, you have to deal with the court, in your case that appears to be Reading court 

LDast

Have you received their amended defence claim, assuming the court granted them a right to do so? If the application was received by the court, any decision on that application should have been copied to you. Did you notify the court that you did not agree to the application? Hs the court received any notification as to whether the defendant consents or not?

Coupon-mad

Amended Claim Form.

Tiredofbeingdone

Re-adding previously posted documents for reference. I meant to point to them in my post above but forgot:

Claimant's Amended Claim Form

Claimant's Amended Particulars of Claim (I removed photo of car entering & exiting car park)

Claimant's Draft Order

Claimant's N244 Application

Consent Order

QDR email advising intention to amend