Claim Form but not the driver

Coupon-mad

Oh and in the DQ, suggest your LOCAL court as (a), then alternatively suggest (b) a court that is between you and the parking firm's registered addresses, in the interests of minimising costs for both parties.

State the above, make it clear and name both courts.

Crystaltips76 wrote: »

Do I request this information from the Solicitor or directly from the PPC?

From the solicitor as they are 'handling' the claim.

Umkomaas

Crystaltips76 wrote: »

Do I request this information from the Solicitor or directly from the PPC?

Via the solicitors.

Crystaltips76

Thank you, I have followed all of the advice that you offered and will now await the date and location of the hearing.

I have had a photo of the vehicle sent to me from Phoenix Parking Solutions, they have said I need to get any other information and evidence from the solicitors. The photo clearly shows the PCN attached to the windscreen, but the driver insists there was nothing there when they got to the car which is odd!

I am also considering writing to the PPC with the following, do you think this is worth a punt?:

Dear Sirs

Your Reference: XXXX
PCN Number: XXXX

It has been brought to our notice that despite being notified of the name and address of the driver of the vehicle, QDR Solicitors Limited, employed by your company, has continued to harass COMPANY NAME, the registered keeper.

Furthermore, your agent has attempted to mislead the registered keeper into believing that Para 5(1)(b) of the Protection of Freedoms Act Schedule 4 does not apply, even though they knew the identity of the driver before legal proceedings commenced. This is an offence under the Fraud Act 2006 Section 2

We have written to QDR Solicitors requesting that they withdraw this claim, but they are refusing. I formally request that you instruct your agent forthwith to cease conduct with COMPANY NAME and withdraw the claim against us.

If we receive further demands and they proceed with this legal action, I will report your agent's actions and your knowing tolerance of them to the DVLA. I will also request that your access to the DVLA database is suspended.

If, as a result of your agent's unlawful demands, these legal proceedings continue, we will hold your companies jointly and severally liable for all costs

Yours Faithfully

Coupon-mad

If, as a result of your agent's unlawful demands, these legal proceedings continue, we will hold your companies jointly and severally liable for all costs

Don't threaten QDR, just the PPC as they are the Claimant:

If [STRIKE]as a result of your agent's unlawful demands,[/STRIKE] these legal proceedings continue, we will hold your [STRIKE]companies jointly and severally [/STRIKE] company liable for all costs on the indemnity basis, including the hours of time wasted on this case which would have been much better spent on our core business, and the not insignificant cost of a Director having to take a day's leave to travel to attend a hearing.

The costs are estimated at this stage to be in the region of £xxx given the 25 hours spent by a senior staff member at £xx per hour, plus £xxx in a Director's loss of leave and £xx for travel, if you insist on the hearing taking place at your own local court in the xxxxxxxxx area, despite your knowledge that the company is not liable in law.

Fill in the gaps and make it around £400 - £500 if you can.

At what point did you name the driver, and did you give their postal address? Who to? The PPC? Can you prove it? If so, attach proof that the driver was nominated and liability passed to them before legal action started. Rub it in their faces.

Crystaltips76

Coupon-mad wrote: »

At what point did you name the driver, and did you give their postal address? Who to? The PPC? Can you prove it? If so, attach proof that the driver was nominated and liability passed to them before legal action started. Rub it in their faces.

I named the driver when the LBC arrived, which was 29 days before the Claim Form. I posted it to QDR Solicitors and I have proof of posting. I will send a copy of it to the PPC with the letter.

Perhaps I should have sent it to the PPC too... So new to all this!

Coupon-mad

No probs, but do include proof that you named the driver before the legal action started, as it will paint the PPC into a corner and they won't like being reminded how much your firm is likely to claim in costs, either.

Crystaltips76

Coupon-mad wrote: »

No probs, but do include proof that you named the driver before the legal action started, as it will paint the PPC into a corner and they won't like being reminded how much your firm is likely to claim in costs, either.

Would it also be good to send them a copy of the letter I had in response acknowledging receipt of my letter (so that can't be denied) and stating that their only instruction is to close the file upon payment of its balance (therefore showing that they are only acting on the PPC's instructions).

Coupon-mad

Yes that's a good idea, and state that clearly this is wholly unreasonable because the POFA allows a keeper to name the driver at any time before action starts (not some random 28 day limit that PPC World have made up). And the keeper company did.

Crystaltips76

I'm so cross!! I posted my DQ on 13th September, plenty of time for it to be filed by the deadline of 20th September. I have proof of posting. I kept checking the MCOL online and it wasn't showing as being filed. I finally emailed the County Court Business Centre on 26th September (I know I should have emailed before 20th) with a copy of the DQ attached to ask if they had received it, explaining that I had posted it on 13th September. My DQ is now showing as being filed on 26th September, too late, and I have had a Notice of Transfer of Proceedings in the post this morning and the hearing has been set in Warwick, where the claimant is based and miles away from us in Kent. Is there anything I can do to ask for the hearing to be moved to one of the locations I requested on my DQ?

nosferatu1001

YEs of course you can
Talk to the CCBC
They got it wrong. You have proof of posting. Did you include this?