Incorrect REG ... Now QDR "Formal letter of claim"

sports12

Hi All

Wonder if anyone could help...

Ive been reading through these forums ever since having the parking charge come through my door. However, ive come to a stump as i'm unsure what i recieved is legitimate & wether i need to now act.

To cut the story short a "One parking solutions ltd" car park operator had a ANPR camera on the gate... I parked in the car park and paid the fee to park however, the machine registered my REG as a "0" as it spat the money out the first time then when putting the money back in and pressing green it gave me a blank ticket with no reg of which i didnt realise until the parking charge came through my door saying "No payment/ticket"

I knew little about the parking ticket business and how to fight back as i'd never had one before. I made a mistake by revealing i was the driver.. DOH! responding to the very first letter of which they refused to overturn it. I then went via POPLA to appeal and i explained to them what had happened with regards to having paid to park with no reg enetered due to the machine spitting the money out and sending evidence of the ticket (as i still have the ticket) and they also refused the appeal.

Since then ive had ZZPS & now were onto QDR Solicitors all of which i've egnored up until now which is where i am stumped. They claim i now owe £182.00 however, my current letter has the title "FORMAL LETTER OF CLAIM" then followed by "PURSUANT TO PRE-ACTION PROTOCOL FOR DEBT CLAIMS ("the protocol") ...

Is this legitimate letter that i should respond to? or should i again egnore this? Im confused as to wether this is a scam way of them making it look like a "Letter before claim"?

The letter also comes with a reply form with lots of tick boxes regading the debt .. how will i pay... debt advise... what documents am i sending with the form.

Im sick of the letters and i am prepared to fight them at there own game as i payed to park in the alotted time i still have the pay & display ticket it was only down to the fact that their ANPR camera noted my reg down as a non payment / no ticket due to the fact there machine spat my money out that im now having to deal with these scammers!

Any help of wether i do need to reply to this latest letter from QDR as they've stated 30 days to reply or even better... any advise on how to end these barrage of letters would be much appreciated.

Thanks all!

KeithP

You need to react to that Letter of Claim as explained in the first few paragraphs of post #2 of the NEWBIES thread.

You will see that that involves sending a Subject Access Request to the Data Protection Officer of the parking company and replying to that Letter of Claim requesting a thirty day delay in the process as you are currently seeking debt advice.

No need to fill in those forms.

Read the rest of post #2 of the NEWBIES thread to better understand what's to come.

Coupon-mad

Are you in Sussex?

I can help you in person if so, if you wish. You will get a claim soon, but you should reply to QDR showing them the pay & display ticket (again!) as that will look reasonable in front of a Judge.

Also tell them how many hours you have spent on this case already (before court action) in handling the false parking charge and the OPS appeal, then the POPLA appeal.

Put that in writing. Show us your planned response first and spellcheck it as there are some errors in your post above that don't bother us, but you need your reply to QDR to be well prepared.

Which location car park (exactly)?

Do you have all the evidence in the POPLA appeal still, can you still access the evidence pack and show me it by private message (I'd like to see it and help you if you do). If you don't have all the photo, letters & evidence pack they sent to POPLA - usually electronic files - then send OPS a Subject Access Request (SAR) as the NEWBIES thread post #2 tells you.

sports12

Thanks both for your replies / advice.

The car park in question is in Leicester city centre ... known as GS Car Park / Mansfield St.

I will do as you have both mentioned return the form QDR have sent me requesting the 30 day delay. I'll also attach a copy of the pay and display ticket i have as evidence for QDR whilst explaining all the hours spent on this claim.

Ill then request the SAR from the parking company in question is this best done via post (non-recorded) else i'll be giving away my email / phone?
I can no longer access the photos etc that were in the POPLA appeal that they sent me.

At present neither of these companies has my phone number or email address (Only POPLA had my email) ... ive noticed on this reply form they request a contact phone and email... i do not want to give these can i leave these blank when replying to them?

Thanks

Coupon-mad

The reason for setting out the hours spent so far on the appeals (not 'claim' don't use that word) is to show it later to your Judge when you win and claim costs, to show that the hours were justified and reasonable and that QDR were made aware before legal action commenced, that you have already spent, say, ten hours on the appeals and this reply to the LBC.

And this is merely BEFORE court action! You will spend many more hours this year!

The NEWBIES thread tells you to do a SAR by email, and how to find the email address for any parking firms' DPO.

You can always use a throwaway hotmail email for this entire case. Can be a good idea as then you won't miss any reply or document emailed to you, among your usual ones.

Do NOT give a phone number.

ive noticed on this reply form...

The NEWBIES thread tells you NOT to use the reply form so this tells me you need to read it!

sports12

Thank you!

I'll get onto this tomorrow taking onboard what you have said & mentioning the hours spent on the claim with the return form to QDR along with the box ticked for a request for 30 delay as im seeking the SAR. I've read post 2# on newbies thread regarding what to put in the SAR and how to send so i will follow that strictly & check over a few times to make sure it's correct!

Ive found the email address for "one parking solutions" on their privacy page so i know where to send it & as you've mentioned i will create a hotmail account for the response that way its a recorded log for me to keep without giving them my personal email.

If it's okay with you? As you mentioned in a earlier post ill put my response to QDR on here for you check before sending via email?

Thank you for your help.

Coupon-mad

with the return form to QDR

You are not using a form...I did already say that. You need to read the NEWBIES thread.

And yes, do show us a draft of what you intend to send, first. We want to help you win.

sports12

You did indeed apologies its late and its been a long day! ... As per the post on newbies the reply form WONT be used to notify them. It will be a formal letter by email to QDR as explained on the post in newbies. I apologise im not egnoring what you've said... as this is the 1st time ive had anything like this i want to make sure its done correctly and make sure they dont scam me out of money!

Before i send anything as mentioned ill post it for you to check! Think i owe you a large glass of beer already!

Thank you.

Coupon-mad

Oh, and do this email to Gemma Dorans at the BPA right now, a bit like this case:

https://forums.moneysavingexpert.com/discussion/6094654/parking-fine-after-we-paid-for-a-ticket

Read the new BPA CoP and use it to your advantage...see what I advised that poster.

beamerguy

To add to the above ....

They claim i now owe £182.00 however, my current letter has the title "FORMAL LETTER OF CLAIM" then followed by "PURSUANT TO PRE-ACTION PROTOCOL FOR DEBT CLAIMS ("the protocol") ...

THEY LIE ?

They have added the fake £60 to their claim.
QDR were spanked in Warwick court recently

QDR (Part of Wright Hassall solicitors) spanked in Warwick court
for ABUSE OF PROCESS
https://forums.moneysavingexpert.com/discussion/6029649/claim-form-but-not-the-driver&page=4

Umkomaas

for a request for 30 delay as im seeking the SAR.

No you are not requesting a 30-day delay for return of a SAR. Read what KeithP has already told you. Now you're at the real business end of this process, you must read everything very carefully, no further room for skim-reading.

This is what KeithP said:

requesting a thirty day delay in the process as you are currently seeking debt advice.