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QDR Solicitors "FORMAL LETTER OF CLAIM"

Hi Everyone,
Complete and utter newbie here that has received a rather worrying "FORMAL LETTER OF CLAIM" with a number of forms attached.  This is referring to multiple PCN's on my vehicle from 2017/18.  Later in the letter it does have "This letter is a Letter Before Claim pursuant to the Practice Direction on Pre Action Conduct and Protocols, copies of which may be found at...(URL to justice . gov website)"
I have read the NEWBIES post and have submitted a SAR to NCP (the PPC).  I have also written and sent an email to the landowner as well as sending the email to the solicitor (QDR Solicitors) as mentioned in the NEWBIES post.
In my SAR i requested  the following:
  • ALL photos taken with regards to myself or my vehicle (VRN)
  • ALL letters/emails sent and received, including any appeal correspondence earlier
  • PDT machine records with my VRN (VRN), of payments made
  • ALL data held, all evidence that you will rely on and full copies of any PCN’s issued (VRN)
  • A list of ALL PCN’s outstanding against my VRN (VRN) with details of times and dates
I have had a response providing all that I have asked for with the exception of point 3.  I've responded again and reiterated point 3.  I have also had a response from the landowner (A London Underground Station), the general response being that NCP operated and managed the carpark.

A little background about the tickets (11 in total - I know i'm an idiot for getting that many):
10 of the 11 were for "Not parking correctly within the markings of the bay space" and the 11th for parking in a disabled bay (yet again, yes i know i'm an idiot).  In the almost 100 page response to my SAR, they have provided a vast number of pictures and letters that were sent (I had ignored them all - yet again I know i'm an idiot).
With the exception of the disabled bay the other 10 times the vehicle was not obstructing any paths or cars but was not in a bay.

I suppose the reason that I'm posting this is to ask whether I have a leg to stand on or should I be exchanging said leg for finances to cover the cost of paying this?

Apologies in advance if there is already a post covering all of this, I'm just a bit hesitant about the 30 day deadline and whether I should be settling up?
«1

Comments

  • Umkomaas
    Umkomaas Posts: 44,432 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Sometimes we can do the almost impossible, miracles can elude us.  This won't be easy. You're going to have to respond to what appears to be a real LBC/LoC from QDR (often they are not, but with 11 tickets ...... wow!) by using the advice in the NEWBIES FAQ sticky, second post as to how to do it, then wait to see if they issue formal court proceedings via the Northampton CCBC. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • B2lal
    B2lal Posts: 9 Forumite
    First Post
    Umkomaas said:
    Sometimes we can do the almost impossible, miracles can elude us.  This won't be easy. You're going to have to respond to what appears to be a real LBC/LoC from QDR (often they are not, but with 11 tickets ...... wow!) by using the advice in the NEWBIES FAQ sticky, second post as to how to do it, then wait to see if they issue formal court proceedings via the Northampton CCBC. 
    So I need to acknowledge service and follow the guide to MCOL?  Is the letter I've received considered a summons?
  • Umkomaas
    Umkomaas Posts: 44,432 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    B2lal said:
    Umkomaas said:
    Sometimes we can do the almost impossible, miracles can elude us.  This won't be easy. You're going to have to respond to what appears to be a real LBC/LoC from QDR (often they are not, but with 11 tickets ...... wow!) by using the advice in the NEWBIES FAQ sticky, second post as to how to do it, then wait to see if they issue formal court proceedings via the Northampton CCBC. 
    So I need to acknowledge service and follow the guide to MCOL?  Is the letter I've received considered a summons?
    Have you received a formal claim via the Northampton CCBC?  From what you've said it doesn't look to be the case. Back to the NEWBIES FAQ sticky, second post, to know how to deal with a LBC. 

    You will only receive a court summons if you commit a criminal offence. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 13 January 2021 at 10:31PM
    B2lal said:
    Umkomaas said:
    Sometimes we can do the almost impossible, miracles can elude us.  This won't be easy. You're going to have to respond to what appears to be a real LBC/LoC from QDR (often they are not, but with 11 tickets ...... wow!) by using the advice in the NEWBIES FAQ sticky, second post as to how to do it, then wait to see if they issue formal court proceedings via the Northampton CCBC. 
    So I need to acknowledge service and follow the guide to MCOL?  Is the letter I've received considered a summons?

    No, you cannot acknowledge service of a claim until you have actually received a claim.
    You have not yet received a claim.

    No, your letter is not a summons. You will never be summoned to court. However, you may be invited to defend your self against a claim. Somewhat different.
  • B2lal
    B2lal Posts: 9 Forumite
    First Post
    KeithP said:
    B2lal said:
    Umkomaas said:
    Sometimes we can do the almost impossible, miracles can elude us.  This won't be easy. You're going to have to respond to what appears to be a real LBC/LoC from QDR (often they are not, but with 11 tickets ...... wow!) by using the advice in the NEWBIES FAQ sticky, second post as to how to do it, then wait to see if they issue formal court proceedings via the Northampton CCBC. 
    So I need to acknowledge service and follow the guide to MCOL?  Is the letter I've received considered a summons?

    No, you cannot acknowledge service of a claim until you have actually received a claim.
    You have not yet received a claim.

    No, your letter is not a summons. You will never be summoned to court. However, you may be invited to defend your self against a claim. Somewhat different.
    So having done what I have done so far, what do I do now?  Is it a waiting game?
  • B2lal
    B2lal Posts: 9 Forumite
    First Post
    B2lal said:
    KeithP said:
    B2lal said:
    Umkomaas said:
    Sometimes we can do the almost impossible, miracles can elude us.  This won't be easy. You're going to have to respond to what appears to be a real LBC/LoC from QDR (often they are not, but with 11 tickets ...... wow!) by using the advice in the NEWBIES FAQ sticky, second post as to how to do it, then wait to see if they issue formal court proceedings via the Northampton CCBC. 
    So I need to acknowledge service and follow the guide to MCOL?  Is the letter I've received considered a summons?

    No, you cannot acknowledge service of a claim until you have actually received a claim.
    You have not yet received a claim.

    No, your letter is not a summons. You will never be summoned to court. However, you may be invited to defend your self against a claim. Somewhat different.
    So having done what I have done so far, what do I do now?  Is it a waiting game?
    I suppose what i am asking is, do I want to be waiting for a claim? Is this case dependable or am i risking additional court costs being added?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Yes , it's a waiting game for now and your SAR has been done

    If NCP tell the solicitors to issue a court claim (not a summons) via MCOL , you will receive a court claim pack from the CCBC in Northampton , where they all originate (almost all , because paper ones come from Salford , but yours will be from Northampton)


  • B2lal
    B2lal Posts: 9 Forumite
    First Post
    Redx said:
    Yes , it's a waiting game for now and your SAR has been done

    If NCP tell the solicitors to issue a court claim (not a summons) via MCOL , you will receive a court claim pack from the CCBC in Northampton , where they all originate (almost all , because paper ones come from Salford , but yours will be from Northampton)


    Has my SAR been completed though as they haven't provided the PDT machine records.  I'm certain that I paid for parking on each one of the days of the tickets. 
  • B2lal
    B2lal Posts: 9 Forumite
    First Post
    B2lal said:
    B2lal said:
    KeithP said:
    B2lal said:
    Umkomaas said:
    Sometimes we can do the almost impossible, miracles can elude us.  This won't be easy. You're going to have to respond to what appears to be a real LBC/LoC from QDR (often they are not, but with 11 tickets ...... wow!) by using the advice in the NEWBIES FAQ sticky, second post as to how to do it, then wait to see if they issue formal court proceedings via the Northampton CCBC. 
    So I need to acknowledge service and follow the guide to MCOL?  Is the letter I've received considered a summons?

    No, you cannot acknowledge service of a claim until you have actually received a claim.
    You have not yet received a claim.

    No, your letter is not a summons. You will never be summoned to court. However, you may be invited to defend your self against a claim. Somewhat different.
    So having done what I have done so far, what do I do now?  Is it a waiting game?
    I suppose what i am asking is, do I want to be waiting for a claim? Is this case dependable or am i risking additional court costs being added?
    *defendable
  • Umkomaas
    Umkomaas Posts: 44,432 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    B2lal said:
    Redx said:
    Yes , it's a waiting game for now and your SAR has been done

    If NCP tell the solicitors to issue a court claim (not a summons) via MCOL , you will receive a court claim pack from the CCBC in Northampton , where they all originate (almost all , because paper ones come from Salford , but yours will be from Northampton)


    Has my SAR been completed though as they haven't provided the PDT machine records.  I'm certain that I paid for parking on each one of the days of the tickets. 
    Much will likely depend on how you asked for them. Whichever way, there's always reluctance in supplying these and unless you take it up with the ICO (which takes months), you can do little to force them.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
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