73 year old pensioner - QDR Solicitors taking me to court

Coupon-mad

Oh good; you used the template defence. 

You can build on everything in your Witness Statement then, and state that if it was you driving, you always pay at that shopping centre and can only conclude at least one of the PCNs simply involves a VRM 'keying error' which the BPA requires professional parking operators to look for and cancel PCNs (or preferably do thorough human checks and carry out 'close match' VRM data searches provided for by the Zatpatk software, to avoid issuing PCNs at all for typos).

MLalami50

Coupon-mad said:

Oh good; you used the template defence. 

You can build on everything in your Witness Statement then, and state that if it was you driving, you always pay at that shopping centre and can only conclude at least one of the PCNs simply involves a VRM 'keying error' which the BPA requires professional parking operators to look for and cancel PCNs (or preferably do thorough human checks and carry out 'close match' VRM data searches provided for by the Zatpatk software, to avoid issuing PCNs at all for typos).

You're a star! Thank you so much!  I'll get working on it now and I'll keep you posted! x

MLalami50

Coupon-mad said:

Oh good; you used the template defence. 

You can build on everything in your Witness Statement then, and state that if it was you driving, you always pay at that shopping centre and can only conclude at least one of the PCNs simply involves a VRM 'keying error' which the BPA requires professional parking operators to look for and cancel PCNs (or preferably do thorough human checks and carry out 'close match' VRM data searches provided for by the Zatpatk software, to avoid issuing PCNs at all for typos).

Do I need to include my doctors note with the "Notice of Proposed Allocation to the Small Claims Track" form N180? Thank you

Coupon-mad

No.

You need to read 'IMPORTANT: KNOW WHAT HAPPENS WHEN' in the NEWBIES thread.  You'll feel much calmer and better prepared.

  

MLalami50

Coupon-mad said:

No.

You need to read 'IMPORTANT: KNOW WHAT HAPPENS WHEN' in the NEWBIES thread.  You'll feel much calmer and better prepared.

  

Hello again and Happy Easter! I have been reading through the Newbies thread extensively and it's helped so much! I saw the reference to the new questions in the N180 form and checked the links attached, however I'm still not sure what to select for 'Suitability for determination without a hearing'?

Also would my son be able to attend the hearing with me?

nopcns

You do NOT want to select suitability for determination without a hearing unless you want to seriously destroy any chance of winning this. Anyone can attend a hearing. You son can be with you but he will not be able to act on your behalf and you must be able to answer any questions.

Look up "McKenzie friend" to find out more detail.  McKenzie friend can assist you but cannot speak on your behalf.

MLalami50

Thank you! What would be a "Reason" for not having a 'Suitability for determination without a hearing'? 

MLalami50

MLalami50 said:

Thank you! What would be a "Reason" for not having a 'Suitability for determination without a hearing'? 

Never mind, I found it here. Pasting the link if anyone else needs it: https://forums.moneysavingexpert.com/discussion/comment/77317938#Comment_77317938

MLalami50

Hello, just wanted to provide an update. Yesterday I received a 70 page witness statement from a paralegal at QDR solicitors arguing the following:

1. Authority and Contract Formation:

   • Euro Car Parks claims authority to issue and enforce parking charge notices (PCNs) at The Willows Centre in Wickford through a contract with the landowner. They argue that parking on the site constitutes acceptance of their terms and conditions, which were displayed on signs at the location.

2. Parking Charge Notices (PCNs) Details:

   • PCN 1: Issued on 30 November 2021, when the vehicle allegedly parked without a valid pay-and-display ticket. The vehicle was recorded staying for 19 minutes and 47 seconds.
   • PCN 2: Issued on 28 October 2022, when the vehicle allegedly stayed beyond the time paid for. The vehicle was observed for 1 hour, 18 minutes, and 43 seconds, while only an hour's parking had been paid.

3. Notices and Follow-up:

   • The claimant asserts that notices were sent to the registered keeper at her address, giving options to pay, appeal, or identify the driver. Subsequent notices and debt collection efforts, including letters from agents, were allegedly ignored, justifying legal action.

4. Rebuttal of Defense Points:

   • The claimant disputes the defense's arguments about vague claims, lack of contract, and procedural errors. They maintain that:
     • The signage and terms were clear and sufficient to form a contract.
     • They are entitled to claim additional charges (e.g., £70 per PCN for administrative costs) as part of the debt recovery process, as allowed under the British Parking Association's Code of Practice.

5. Legal Precedents and Justification of Fees:

   • The claimant references case law supporting the legitimacy of penalty charges (e.g., ParkingEye v Beavis) and argues that administrative costs are justified and legally recoverable.

6. Conclusion and Request for Judgment:

• The claimant seeks a total judgment of £440, which includes £100 for each PCN, administrative fees, a claim fee, and legal costs. They argue that by parking on-site, you accepted their terms, thereby breaching them and incurring liability for the fees.

It included photos of me driving the vehicle as I entered and exited the car park. I'm really losing sleep over this and I have no idea how to respond. I'd be really grateful for any help or advice! 

Maria

Gr1pr

You should be writing and submitting your own witness statement bundle, especially because you have now received theirs. The newbies sticky thread that you read has this stage in a section 

When is the witness statement due by. ?  Your court order from your local civil court tells you this , its the same deadline as the claimant ECP and QDR had

When is the hearing date. ?