Help needed with County Court Claim (QDR solicitors)

privateparkingcompaniescanallgotohell

Hi all
I have had a number of private parking tickets over the last few years, some I have ignored, some I have settled out of court, and one even ended up as a CCJ as it went to an old address.

I today received 2 county court claim forms from the County Court Business center.

Firstly, before I get into any details, are they allowed to send 2 claims forms? This means 2 lots of court fees, 2 lots of legal representative costs, hardly seems fair when its the same company claiming against me, the court forms arrived together in the post, and I only had one LBA for the two fines. Would this also mean I would have to attend court twice? And have to submit 2 lots of defense?

So anyway in November I received a LBA from QDR claiming I owed nearly £400 for 2 parking fines. I responded to this letter claiming their letter before action was not compliant with the pre action protocol, and requesting one which was.
At the end of November, they responded with a letter riddled with typos and claiming that their initial LBA was compliant, that they couldn't look into the matter any further, and that should I not respond they may proceed with the court action.

Now, unfortunately I didn't reply to this letter, I had intended to but had so much going on at the time. Which leads me to the claim forms I have in my hand today...

So I have a couple of questions:
- Is there a deadline between them sending their first LBA and me receiving the court claim form? It has been over 3 months.
- Do you think I stand a decent chance in court, seeing as they never actually responded to my request for a compliant LBA, and as far as I am concerned I am still not in possession of one
- I have just seen another thread discussing that any amount over £160 for each ticket is unlawful, is this something I can potentially use in my defense, as the amount being claimed is £182 per ticket?

I understand to fully answer question 2 you will need to know why I thought their initial LBA was not compliant with the pre action protocol. I am trying to dig out their letter so I can post a copy here, but it may take a while to find it. From what I remember though I claimed there was not a true breakdown of the amount being requested, and that the reply address was not clearly stated on the letter (two things which it needs to be compliant with the pre action protocol I believe, although I am no expert in the area).

Any help is appreciated with regards to what steps to take next, any hints for if I do go ahead and fight it in court etc. And in the meantime I will have a proper look for their initial LBA


TIA
John

Redx

nobody can or will assess your chances in court, its a lottery and anything can happen

yes they can issue 2 or more claims, whether you like it or not , and usually there is a minimum 30 day gap between any LBA and a court claim (they have up to 6 years to issue a court claim)

you will be asking for the claims to be consolidated into one hearing , and keep doing so until a judge orders it . you will be filling in any and all DEFENCES separately for now

post the 2 issue dates from the claim forms (even if they are the same date)

KeithP

privateparkingcompaniescanallgotohell said:

I today received 2 county court claim forms from the County Court Business center.  

What are the Issue Dates on each of your County Court Claim Forms?

privateparkingcompaniescanallgotohell

KeithP said:

privateparkingcompaniescanallgotohell said:

I today received 2 county court claim forms from the County Court Business center.  

What are the Issue Dates on each of your County Court Claim Forms?

14th Feb 2020

privateparkingcompaniescanallgotohell

Do you think I am able to request copies of the LBA and NTK from QDR? Would they even have to respond to that request? I am sure I will be able to find the LBA but the NTK is from 2016 I think, and I may no longer have it.

beamerguy

I have just seen another thread discussing that any amount over £160 for each ticket is unlawful, is this something I can potentially use in my defense, as the amount being claimed is £182 per ticket?

QDR are owned by the disgraced Wright Hassall solicitors. You can read about them here
https://parking-prankster.blogspot.com/search?q=wright+hassall

QDR clearly do not understand about their abuse of process scam.  The courts do as QDR were spanked in the Warwick for this abuse.
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

So, QDR want another spanking ... just read the Abuse of process thread and at post # 14 by coupon-mad you will find the defence you need to spank QDR again
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

privateparkingcompaniescanallgotohell

beamerguy said:

I have just seen another thread discussing that any amount over £160 for each ticket is unlawful, is this something I can potentially use in my defense, as the amount being claimed is £182 per ticket?

QDR are owned by the disgraced Wright Hassall solicitors. You can read about them here
https://parking-prankster.blogspot.com/search?q=wright+hassall

QDR clearly do not understand about their abuse of process scam.  The courts do as QDR were spanked in the Warwick for this abuse.
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

So, QDR want another spanking ... just read the Abuse of process thread and at post # 14 by coupon-mad you will find the defence you need to spank QDR again
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

Thanks for this, looks promising 

Redx

Email a SAR to the claimant (not QDR) to their DPO to obtain all your data , attaching a copy of a claim form as proof of I D under the GDPR law , I don't think that getting copies of any LBA will assist you

What is the name of the claimant ??

privateparkingcompaniescanallgotohell

Redx said:

Email a SAR to the claimant (not QDR) to their DPO to obtain all your data , attaching a copy of a claim form as proof of I D under the GDPR law , I don't think that getting copies of any LBA will assist you

What is the name of the claimant ??

Ok will do thanks, do you not think the LBA will help then? Surely if it wasn't compliant they shouldn't be allowed to use it as an LBA.

Claimant is One Parking Solution.

Redx

Concentrate on core issues , I doubt that a judge will be interested in LBA pedantry

Read all the other OPS threads and plagiarise their defences etc ( within the last 8 months)

KeithP

privateparkingcompaniescanallgotohell said:

KeithP said:

privateparkingcompaniescanallgotohell said:

I today received 2 county court claim forms from the County Court Business center.  

What are the Issue Dates on each of your County Court Claim Forms?

14th Feb 2020

With a Claim Issue Date of 14th February, you have until Wednesday 4th March to file an Acknowledgement of Service. If possible, do not file an AoS before 20h 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 Wednesday 18th March 2020 to file your Defence.

That's 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.