QDR Solictors

majestix

Hi all,

Not so long back I used the local Post Office to send an item i'd sold via Gumtree. It's worth noting that I had my children with me as I wrapped the parcel at the desk and paid for despatch, then leaving to return to the car, my attention being focussed totally on the kids.

Fast forward a month or so later and I've received a very substantial request for money from QDR solictors for failure to pay a PCN notice, unbeknownst to me the Post Office had since installed a touch screen for visitors to enter their registration plate number to book in for parking, as I had my hands full with the girls and genuinely hadn't noticed and left without inputting.

I have a photo of the receipt that I received from the post office, time stamp et al, so can prove I am genuine customer, but I'm becoming slightly unnerved at the escalating costs which i've chosen to ignore (due to their bare faced cheek and high figured sum for my very short but legitmate stay).

So yeah, basically, I'm fishing for advice, what should my next move be? Carry on ignoring? Reply to them with receipt? Storm into the Post Office?

Thanks you kindly, in advance.

beamerguy

Don't panic ....... tell us more about this.

Who is the parking company ?

Are there readable signs in the car park.

In the PO are there instructions to use the touch screen

Were you told by staff to enter your reg number

So you understand, QDR are a low life offshoot of Wright Hassall solicitors who disgraced themselves as incompetent in the parking scam.

The_Deep

MY GP's surgery has installed a touch screen. You have to enter your date of birth, and them your initials. AFAICS, it is totally fool proof. How come there are so many mistypes on PPC's keyboards.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Ralph-y

after digesting the good advice above ....


please take the time to read through the newbies thread ... which contains all any one could ever need re parking scams ...


https://forums.moneysavingexpert.com/discussion/4816822


Ralph:cool:

Majestic

Hi, original poster (with slight login issue). But after sitting on this for a couple of months, taking advice not to respond to debt collectors, I've now received a Claim Form (CCJ?) from Civil Enforcement Ltd (sold to via QDP?), since my last post I have returned to the Post Office but without the manager present the staff asked for contact details, needless to say I never received a call back.



How do I now go about defending myself against this ridiculously large claim for parking in an area reserved for customers, in which I was a paying customer!? (please refer to original post).

KeithP

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Majestic

KeithP wrote: »

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Hi Keith, thanks for the quick reply, it's dated 25th of Feb.



And yes, it's issued from CC Northampton Business Centre.

KeithP

Majestic wrote: »

Hi Keith, thanks for the quick reply, it's dated 25th of Feb.


And yes, it's issued from CC Northampton Business Centre.

With a Claim Issue Date of 25th February, you have until Monday 18th March to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 1st April 2019 to file your Defence.

That's a month away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Majestic

Thank you Keith, very helpful.



AoS is now submitted.



When submitting my defence, is there a template to use? Or do I just give my version of events?

Le_Kirk

Go to the NEWBIE thread post # 2 and look at Bargepole's concise defences. Use the most appropriate one and adapt to suit your case.

Majestic

Hi all, I'm going to email my defence tomorrow, if anybody can give it the once over that would we brilliant.


Taken and edited to suit my own situation;







IN THE COUNTY COURT

CLAIM No: XXXXXXXXXXXX

BETWEEN:

CIVIL ENFORCEMENT LIMITED (Claimant)

-and-

**Majestic** (Defendant)

________________________________________
DEFENCE
________________________________________

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts are that the vehicle, registration ZZZ ZZZ, of which the Defendant is the registered keeper, was parked on the material date in a marked bay allocated to ‘Post Office Customer Parking Only’ situated on XXXXXXXXXXXXXXXXX. The Defendant holds a copy of the receipt for services supplied by the Post Office on the date and exact time the penalty was issued.

3. The Particulars of Claim state that the defendant XXXXXXXXX is the registered keeper and/or the driver of the vehicle XXXXXXXXX. These assertions indicate that the Claimant has failed to identify a Cause of Action and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

4. Due to the sparseness of the particulars it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

5. Further and in the alternative, it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them. They merely state that vehicles parking in the bays is ‘Post Office Customer Parking Only’.

6. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

7. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

8. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £XXX, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

9. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

I believe the facts contained in this Defence are true.


Name: XXXXXXX

Signature


Date 30/03/2019