QDR Solicitors Parking Fine Final Hearing in 2 Weeks – What should I do now?

kwanba

Hello all, I am looking for advice on how I can best handle this final hearing procedure.

Today, I have received the documents that the claimant intends to rely on for the final hearing in a couple of weeks. The claimant has sent these papers to me 14 days before the hearing.

I must admit that I have been somewhat passive in dealing with this case, as I initially believed I had paid for the parking, due to having receipts. However, after reviewing the finer details, I have realised that the claimant has two separate cases against me for overstaying at a car park — one for 24 minutes and another for 15 minutes.

I have followed the necessary procedures for this case, submitting the defence and the directions questionnaires on time. After that, I left the matter to run its course over the past 18 months, assuming it would most likely be dropped due to my attempt to defend it.

At the time of presenting my defence, I now acknowledge that it was not well-constructed. I incorrectly believed that my overstays were within the ‘Grace period’, which I now understand is not the case. I also stated that I had receipts to prove that I had paid.

The claimant has now provided a detailed breakdown of the costs and fees, stating that they wish to pursue a total of £499.00 from me.

At this stage, I realise that I have not handled this case particularly well, as I did not expect it to progress this far. I am seeking advice on the best course of action moving forward, as I need to submit copies of my own documentation which I intend to rely on, however the hearing is less than 14 days now so I believe any documents I send over wouldn’t be considered. The court has made it clear that any documents I fail to submit will not be considered. I am uncertain at this point what I should send them and if it will be considered due to being less than 14 days away. I don’t intend to rely on any documents however I’d like to have my honest say on the situation. 

I would prefer to state that I was unaware that overstaying would result in court proceedings. I am willing to pay part of the costs, but I believe that the additional charges are excessive and unreasonable. Is there a chance for me to speak up at the hearing and state this or submit something prior? As at the moment, they are just going to be considering my poor previously submitted defence. 

While I am prepared to cover costs if required, I would like to keep these to a minimum. If anyone has any tips or links to threads that might help me counter the claimant’s inclusion of these unnecessary charges, I would greatly appreciate it.

Gr1pr

Your court order gives you a deadline to submit your Witness Statement plus Exhibits bundle to the lawyers and also to your local civil court that you nominated in your N180

If you have received theirs,  then yours was due,  the deadline is typically 2 weeks or more before the hearing,  the court order tells both of you that deadline,  the same deadline 

You better get yours done and emailed this weekend,  ASAP 

Your hearing relies on all your submissions,  including your WS , so get it done and emailed,  ASAP 

Also,  name the actual parking company,  the lawyers involved if its not QDR, the location of the 2 alleged overstays

kwanba

Many thanks for your fast response and clarity! I will act on those points. It's with Euro Car Parks.

Gr1pr

kwanba said:

Many thanks for your fast response and clarity! I will act on those points. It's with Euro Car Parks.

If its ECP, then I would have thought that the lawyers were DCB Legal,  not QDR   !

ChirpyChicken

Gr1pr said:

kwanba said:

Many thanks for your fast response and clarity! I will act on those points. It's with Euro Car Parks.

If its ECP, then I would have thought that the lawyers were DCB Legal,  not QDR   !

QDR do get a handful of stuff

kwanba

Gr1pr said:

kwanba said:

Many thanks for your fast response and clarity! I will act on those points. It's with Euro Car Parks.

If its ECP, then I would have thought that the lawyers were DCB Legal,  not QDR   !

QDR this time! Thank you again.

Gr1pr

Well , that's a Wright Hassall,  they dont seem to be doing many these days,  mainly DCB Legal for ECP so i thought that maybe QDR had been dropped partway through 

Get the WS emailed before 9am on Monday,  regardless if it's late,  it needs to be in  !

Johnersh

Always present the evidence you can.

Even if the o/p goes down for the ticket, that doesn't mean the additional and unspecified charges are not capable of argument. And even then, that doesn't mean the interest has been correctly calculated.

Points to argue on the day....

New statement/defence points

It seems he o/p has likely done the best they can with a few sentences (assuming no detailed particulars were served). Had the claim been adequately pleaded, the o/p would have understood the claimants case before they prepared a witness statement that no doubt is less factual and more about legal argument - matters that could and should have been in the particulars of claim. It is therefore unsurprising that the defendant has had to re-evaluate the defence and that is a potentially inevitable consequence.

Bolt on costs

If there is no evidence of actual cost which is being indemnified, the claimant is seeking a form of liquidated damages on each PCN in a fixed amount. That is not specified by signage. There are, in any event costs savings in pursuing the claims together.

Interest

Even if allowed, if the bolt on cost is accrued on a different date, interest should not be backdated to the date of parking, but two rates applied/calculated. If there are two parking events then that may require 4 sets of calculations. I've never seen a PPC do that, so the figures claimed on the claim form are most likely to be wrong and probably overstated.

Coupon-mad

The claimant has now provided a detailed breakdown of the costs and fees, stating that they wish to pursue a total of £499.00 from me.

QDR are unusual in that:

1. I think they plead claims fairly well, and

2. with their WS (or a week after) they file & serve a Costs Assessment trying to get ALL their solicitors' costs...

...which they WILL GET, if you act unreasonably, such as failing to file & serve a WS and evidence as was ordered by the court.

Because this will double the original claim if you continue to breach the court Order (assuming they win - and they always try hard and will send a rookie barrister or legal bod) we can't stress this enough:

YOU ARE IN BREACH.

YOU MUST DO A DECENT WS BUNDLE AND GET IT EMAILED FIRST THING MONDAY MORNING WITHOUT MENTIONING LATENESS.

QDR won't discontinue.

Think of this WS as possibly saving you £500.

So, first things first: show us

- the Particulars of Claim (the claim form)

- the defence you put in.

Were you driving or don't you know? Did you appeal? You must be consistent. Are these overstays in a free retail park, or overstay after paying?