QDR Solicitors County Court Claim; should I pay?

User4815162342

So I received a parking ticket for parking in an UKPC private car park on 03/04/19. I chose to ignore all correspondence up until now, where I have received a County Court Claim Form from QDR Solicitors. The initial fine was £100, but QDR now want a total amount paid of £267.

Issue date of the Claim was 13/05/22. My question simply is, should I fight it? Or just pay the £267? At this stage, with everything going on & the aggravation it has caused me, I would even be prepared to pay the initial fine just to get it dealt with.

I've read the Newbie thread & the other part to this that may make things harder for me is that my V5C is in the wrong address & won't be changed in time for this.

Thanks in advance for the advice... 

Coupon-mad

Why would you pay £267 when even those 1% who lose, pay less?  You may as well defend, nothing to lose or risk. No-one here pays when they get a claim from a PPC!

The v5c makes no odds at all to this.  If the claim form has the wrong address on than you can correct that when you acknowledge the claim.

KeithP

User4815162342 said:

Issue date of the Claim was 13/05/22.

With a Claim Issue Date of 13th May, you have until Wednesday 1st June to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 15th June 2022 to file your Defence.

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

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

User4815162342

Coupon-mad said:

Why would you pay £267 when even those 1% who lose, pay less?  You may as well defend, nothing to lose or risk. No-one here pays when they get a claim from a PPC!

The v5c makes no odds at all to this.  If the claim form has the wrong address on than you can correct that when you acknowledge the claim.

Just to complicate things though, the V5C has my old address, so needs to be updated to the address on the Claim Form. Can it work that way around?KeithP said:

User4815162342 said:

Issue date of the Claim was 13/05/22.

With a Claim Issue Date of 13th May, you have until Wednesday 1st June to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 15th June 2022 to file your Defence.

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

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Thanks for the above replies. Based on the two above comments, I think i will defend it - are you suggesting to defend/refuse to pay altogether? I will do AoS this evening & then look to build a Defence in the next week.

The query I have here is, what would my Defence be? I did wrongly park there and they have provided photographic evidence of this previously, so I don't know what I'd gain from requesting a SAR?

Jenni_D

There is no complication ... your V5C (and Driver's Licence - separately) must be updated with your current address. This is irrespective of any court claim form - you could be fined (real fine) £1000 for each item by not updating the details, so get them done NOW.

Claim form <> DVLA - they are entirely separate, and the claimant will never go back to the DVLA about this claim. They can only get details from DVLA once for any PCN. (You've actually been lucky to receive the claim form, so count your blessings and move forward).

At the same time, send a data rectification notice to the Data Protection Officers at both the parking company and their legal company, to advise them of your current address for service and for them to erase (that exact term) any old details.

And when you do the AoS, provide them also with your current address for service and request that they also erase any old details.

There is ALWAYS a defence. Did they have a contractual right to even issue PCNs there? Were the signs clear and obvious? Were the signs forbidding in nature? (The PCN was an invoice for an alleged breach of contract - if the signs aren't clear, or if they forbade parking except for permit holders, then there couldn't have been a contract to breach).

patient_dream

User4815162342 said:

Coupon-mad said:

Why would you pay £267 when even those 1% who lose, pay less?  You may as well defend, nothing to lose or risk. No-one here pays when they get a claim from a PPC!

The v5c makes no odds at all to this.  If the claim form has the wrong address on than you can correct that when you acknowledge the claim.

Just to complicate things though, the V5C has my old address, so needs to be updated to the address on the Claim Form. Can it work that way around?KeithP said:

User4815162342 said:

Issue date of the Claim was 13/05/22.

With a Claim Issue Date of 13th May, you have until Wednesday 1st June to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 15th June 2022 to file your Defence.

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

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Thanks for the above replies. Based on the two above comments, I think i will defend it - are you suggesting to defend/refuse to pay altogether? I will do AoS this evening & then look to build a Defence in the next week.

The query I have here is, what would my Defence be? I did wrongly park there and they have provided photographic evidence of this previously, so I don't know what I'd gain from requesting a SAR?

WHY YOU SHOULD DEFEND THIS:

QDR ARE SCAMMING YOU adding a fake of £60/£70 on top of the £100 ticket
Government has BANNED these fake add-ons. Judges will deduct this and normally any interest charge @8% ....... that is a try on.

Max claim amount should be £100 parking charge, £50 legal cost and £25 court fee
That is £175 not £267

QDR will struggle to persuade a judge that their fake add-on is legal especially when Government has banned such fakery

Government states they expect the parking industry to accept and act on the spirit of law ..... that includes those who uphold the law and they are judges

UKPC signage is rubbish and you need to see photos relating to 2019.  The picture below was taken in 2019 so you can see they are not fit for purpose   

UKPC using QDR now.   They tried CST LAW and then DCBL and we assume both failed UKPC and so will QDR.
And do remember, UKPC were caught out faking time stamps on pictures which was all over the National press 

Just remember that QDR are scamming you which of course goes against the rules of the SRA ..   The Solicitors Regulation Authority

           

95Rollers

QDR are shameless liars who think they are above the law. They are making all kinds of false claims, fake fees and baseless threats in an attempt to pull the wool over the public eyes and scare them out of a fair trial in a case the consumer would 99% win. 

User4815162342

Jenni_D said:

At the same time, send a data rectification notice to the Data Protection Officers at both the parking company and their legal company, to advise them of your current address for service and for them to erase (that exact term) any old details.

Excuse me if this is on the Newbie thread, but how is a Data Rectification Notice sent please? Is that from gaining details from the respective parking company and solicitors websites & e-mailing them?Jenni_D said:

Jenni_D said:

There is ALWAYS a defence. Did they have a contractual right to even issue PCNs there? Were the signs clear and obvious? Were the signs forbidding in nature? (The PCN was an invoice for an alleged breach of contract - if the signs aren't clear, or if they forbade parking except for permit holders, then there couldn't have been a contract to breach).

Again, excuse my confusion, but does the template for the Defence ask/answer your above questions? Or do I need to tailor it to challenge these things?

patient_dream said:
UKPC using QDR now.   They tried CST LAW and then DCBL and we assume both failed UKPC and so will QDR.
And do remember, UKPC were caught out faking time stamps on pictures which was all over the National press      

So it definitely isn't a time-stamp issue, as it was a private permit area, so I had no right to be there at all as it were. But I will challenge it all the same as recommended by all.

KeithP

User4815162342 said:
...it was a private permit area, so I had no right to be there at all as it were.

Then the signs are very important.

For example, if the signs forbid parking for people who don't have a permit, then there is no way that a forbidden driver could actually agree a contract to park.

Please tell us exactly what the driver has been accused of.
Please show us pictures of the signs.

Coupon-mad

If the claim form has the right address you don't need to rectify that data, obviously.

Changing the address on your V5C (with the DVLA: done online in minutes) is completely separate and irrelevant to the claim.

Most UKPC cases are about inadequate signs and the defendant not knowingly agreeing to any contract to pay £100.

User4815162342

KeithP said:

User4815162342 said:
...it was a private permit area, so I had no right to be there at all as it were.

Then the signs are very important.

For example, if the signs forbid parking for people who don't have a permit, then there is no way that a forbidden driver could actually agree a contract to park.

Please tell us exactly what the driver has been accused of.
Please show us pictures of the signs.

I don't have pictures of the signs as I had hoped (at least not to hand in the next 5 days), so presumably this can be attained by way of a SAR?

Does the below explain what the driver has been accused of?

(Removed by Forum Team)