QDR solicitor - letter before claim?

Sunbeam456

Hi,
i have read newbies #2, posting a new thread as suggested.
received a letter which looks to me like a LBC however it is not titled as such.

brief history - PCN for not paying for enough parking, spent too long shopping.
car park in a town centre managed by a small company i shall not name , letter received. i did not appeal and i did not contact the car park or town center to complain.
debt collectors - zzps - 3 letters received with photograph of my car and the reg plate. outstanding balance now £160 due to debt collector fees.
i 'robustly responded' stating my intention not to pay using a suggested template.

Letter from QDR as follows:-

''we have been instructed by ZZPS ltd who are acting on behalf of ..... in connection with the recovery of the debt, which has been incurred following the failure to repay the parking charge notice, and we require you to make payment in full within the next 14 days.

failure to make payment in full or contact us to discuss repayment of this debt may result in us recommending to our client that we pass this matter over to our Litigation department. this may mean they will look to obtain a CCJ. the possible impacts of having a CCJ registered against you are :
(etc) ''

the letter is headed with the relevant reference numbers, vehicle reg, the location of the incident, the 'event' failure to pay the correct parking fee, the car park opertor and the fee.

FYI - i live in England and i am the registered keeper. it is not a lease car.

Questions - can i use the suggested templates to write back, (such as daniel san's)?
- should i still complain to the car park owners?
- do i need to have good read of the Practice Direction on pre action conduct? theres so much information to take in
- should i make a without prejudice offer?
- if it goes to court am i definitely NOT going to get a CCJ automatically, i am really quite worried about this even after reading that ''its OK as long as i pay what the judge tells me to''...

Really appreciate any help on this, thanks

Coupon-mad

QDR don't sue; this is just a debt collector letter from ZZPS/connected to them.

Search the forum for QDR as your keyword. No action needed yet.

Umkomaas

received a letter which looks to me like a LBC however it is not titled as such.

So how do you draw your conclusion that it 'looks to me like a LBC'? Do you have experience of such documents?

brief history - PCN for not paying for enough parking, spent too long shopping.
car park in a town centre managed by a small company i shall not name ,

Why not? It's important information to us to give you specific advice into how far this might go.

QDR are debt collectors. Read the NEWBIES FAQ sticky, post #4 about how to deal with DCAs.

Questions - can i use the suggested templates to write back, (such as daniel san's)? Too late for any appeal now it's at DCA stage.
- should i still complain to the car park owners? Can work, don't try, don't get.
- do i need to have good read of the Practice Direction on pre action conduct? theres so much information to take in How else will you know what it says unless you have a 'good read', but personally, I'd leave it until I got a real LBC.
- should i make a without prejudice offer? 'And accept some degree of liability? Not your best plan at this stage.
- if it goes to court am i definitely NOT going to get a CCJ automatically, i am really quite worried about this even after reading that ''its OK as long as i pay what the judge tells me to''... Exactly that - we've said this so many times, how can we dress it up any differently to convince you? We don't mislead posters!

Sunbeam456

Ok I will search QDR. Are you saying this is not actually a LBC yet? As I thought these should not be ignored, and a chance of going to court if no response in 14 days. Am I to expect anything else now?

Coupon-mad

and a chance of going to court if no response in 14 days

That alone tells you this isn't a proper LBC, given the pre-action protocol:

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

Doesn't stack up does it?

When you search for QDR you'll see what we mean. No court claims come from this stage.

Sunbeam456

Sorry, I’m not asking whether I should appeal...I thought the templates such as Daniel san’s were for use in the case of LBC. Which I thought was what I had. I have ZERO experience of these
The parking company is called Bank Park Management ltd.
Thanks for the reassurance

Umkomaas

https://padi.zendesk.com/hc/en-us/articles/207421439-Bank-Park-Management-Ltd

http://www.parkingappeals.info/companydata/Bank_Park_Management.html

beamerguy

"failure to make payment in full or contact us to discuss repayment of this debt may result in us recommending to our client that we pass this matter over to our Litigation department. this may mean they will look to obtain a CCJ. the possible impacts of having a CCJ registered against you are"

They will look to obtain a CCJ ???????
What a bunch of idiots QDR are

As you have said, you already know they are talking
a lot of rubbish.

BUT ..... as QDR are a set up of the infamous
Wright Hassall Solicitors, we have come to expect
this verbal Diarrhoea from them

Wright Hassall, wake up, start to get professional
and maybe if you clean up your act, at least one
person might believe you

Sunbeam456

i think i'm getting it - Court Claim can only be started by the parking management company not the debt collectors, the letter will come from the court? QDR are debt collectors, not solicitors? QDR cannot send bailiffs round, further harassment is to be expected.

beamerguy

Sunbeam456 wrote: »

i think i'm getting it - Court Claim can only be started by the parking management company not the debt collectors, the letter will come from the court? QDR are debt collectors, not solicitors? QDR cannot send bailiffs round, further harassment is to be expected.

That's about it but QDR are an offshoot of the infamous
Wright Hassall and by some quirk are classed as solicitors

So QDR can start court proceedings but you received
a debt collector letter.
Instructions for this action will come from the PPC

For QDR to start proceedings, they must first jump
through many hoops and provide you with proof
of their claim and then give you 30 days to respond,
that is the law.

This is a mickey mouse industry, PPC's AND LEGALS alike