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

sports12

Hi All.
Quick update on this as today I have received a 'County Court - Claim Form' via post. It states I now owe them £257.00 (£180 account claimed, £25 court fee & £50.00 legal representative's costs) 

In the mean time I am still awaiting for a response for my 'SAR request' from 'One parking solutions' … so far I've not received a email back from them & also I have not received a acknowledgement email from QDR to say they have received my email I sent to them with a letter stating I had sent their client a SAR request and I require a 30 day delay as I'm seeking debt advice. The only thing I had back from QDR was a automated email stating it can take 10 days for them to respond (which 10 days has passed & they haven't)

Where do I go now with this? Still have no SAR … QDR have failed to acknowledge my letter asking them for the 30 day delay & now I have a 'Claim form' which I have to respond too.

Thanks

nosferatu1001

SAR - takes 30 days. how many days has it been? A whole lot of info, short on facts
LBC - so they will just state crossed in the post
Where you go is obvious - you have a live claim to defend, so the PRE action protocol is now past. Youre in the ACTION stage. 
NEwbies thread - 2nd post - instructs you in exactly what to do now, with absolutely zero ambiguity. 
Tell us the claim form ISSUE DATE. 

sports12

Hi nosferatu1001 
SAR request & letter to QDR (via email) were sent on 5/2/20 - as I know not been 30 days so still awaiting this info.
The claim form issue date is '20 FEB 2020'

Just out of interest they still insist no payment was made … The Particulars of claim state the contravention being No Payment Ticket … is this correct? I have the payment ticket still of which I paid the fee & this has all come about down to the fact that the machine printed the ticket with no registration number only a '0' on the ticket after the machine spat the money out I put the money back in for it to then to print the ticket with no registration on it.

beamerguy

Claim Form' via post. It states I now owe them £257.00 (£180 account claimed, £25 court fee & £50.00 legal representative's costs) 

QDR have not learned their lesson and still wish to scam you.  As said earlier ...

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

Within your defence on Abuse Of Process, this must appear at the top

ABUSE OF PROCESS THREAD
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1
POST # 14 BY coupon-mad

I wonder why the already disgraced Wright Hassall Solicitors, owners of QDR, want to be seen as scammers again, 

1505grandad

@beamerguy -  if you need to go to AoP para 14 the following link applies if it helps:-

https://forums.moneysavingexpert.com/discussion/comment/75937581#Comment_75937581

KeithP

sports12 said:

The claim form issue date is '20 FEB 2020'

With a Claim Issue Date of 20th February, you have until Tuesday 10th March to file an Acknowledgment of Service. If possible, do not file an AoS before 26th February, but otherwise there is nothing to be gained by delaying it. To file an AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou 

About ten minutes work - no thinking required.

Having filed an AoS, you have until 4pm on Tuesday 24th March 2020 to file your Defence.

That's over a month away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

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

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5. 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'.
   
6. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
   
   After filing your Defence, there is more to do...
   
   
7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
   
8. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet - https://www.gov.uk/government/publications/form-n180-directions-questionnaire-small-claims-track , and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou"]
   
9. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
   
10. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

Coupon-mad

Why didn't you do the email to Gemma Dorans at the BPA and get this reduced to twenty quid?  I did tell you in January and gave you a link as to how to do it.

Not that I want people to pay OPS £20 but it is frustrating that this court claim was avoidable and I told you how.

The good thing is if you NOW read the link I gave you back then and read the BPA CoP about keying errors you will see that you can use it as an exhibit later on to show that OPS were unreasonable and the charge sought is unconscionable, especially for a keying error caused by their faulty machine (you certainly didn't put '0' in as your VRM).

nosferatu1001

Indeed, it is beyond balance of proabbilitythat a consumer would KNOWINGLY enter 0

OP - you do not understand. No payment for vehicle with VRM xxxaaaa was made. Parking for vehicle "0" WAS made. Youre being charged for the former and not the latter.