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Should i pay QDR Solicitors

Hi
I was issued a parking fine through the post by a camera activated charge, i wrote to them to explain i could not have been parked for the length of time as i was working a few streets away and used the shops for lunches which i could provide witness from my brother working with me and i sent copies of bank bills showing i had used the shop on a number of days during the days working near
UK parking control then said i have lost appeal and began to send out ZZPS increased debt for £60-£170 , i wrote to Uk parking control to question this but never responded and you cant call them over the phone
Now QDR Solicitors have issued a debt recovery letter and say if i dont pay in the next 14 days they will take me to court to gain a CCJ, i have emailed them to ask what is going on and was told by a friend  to ask them for a Subject Access Request
Should i pay this or can you help
«1

Comments

  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    No you dont pay them
    You ignore the 2 x QDR letters

  • Will they not try to go to court also thanks for your help
  • Umkomaas
    Umkomaas Posts: 43,068 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Will they not try to go to court also thanks for your help
    They might do, but you'll surely want to fight them?  If you pay them, they will be adding charges that wouldn't be allowed in court, even if you lost.  But at the moment they are acting as debt collectors. How to deal with debt collectors is explained in the NEWBIES FAQ Announcement, fourth post.

    Send SAR to the parking firm, not QDR. 
    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
  • sorry just 1 more question, the parking charge initially shows my car entering and exiting over the time period as i visited the shop twice in one day
  • Trainerman
    Trainerman Posts: 1,329 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Sounds like classic double dipping, and therefore should be straightforward to defend, if it gets that far.

    They have conveniently 'lost' the two middle images, leaving the first time and arriving the second. It is a well known fault with these 'systems'
    The pen is mightier than the sword ..... and I have many pens.
  • Umkomaas
    Umkomaas Posts: 43,068 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Grizebeck said:
    Umkomaas said:
    Will they not try to go to court also thanks for your help
    They might do, but you'll surely want to fight them?  If you pay them, they will be adding charges that wouldn't be allowed in court, even if you lost.  But at the moment they are acting as debt collectors. How to deal with debt collectors is explained in the NEWBIES FAQ Announcement, fourth post.

    Send SAR to the parking firm, not QDR. 
    Umkomaas said:
    Will they not try to go to court also thanks for your help
    They might do, but you'll surely want to fight them?  If you pay them, they will be adding charges that wouldn't be allowed in court, even if you lost.  But at the moment they are acting as debt collectors. How to deal with debt collectors is explained in the NEWBIES FAQ Announcement, fourth post.

    Send SAR to the parking firm, not QDR. 
    QDR don't litigate from UKPC , only DCB, (for average value claims), and LPC (or their other incarnation) for higher value claims
    These seem to suggest otherwise:

    https://forums.moneysavingexpert.com/discussion/6358870/ukpc-qdr-solicitors-county-court-claim/p1

    https://forums.moneysavingexpert.com/discussion/6360084/court-claim-received-for-overstay-of-17-mins-in-mcdonalds-ukpc-and-qdr-solicitors-involved/p1

    https://forums.moneysavingexpert.com/discussion/comment/79227248#Comment_79227248

    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
  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    edited 5 July 2022 at 11:10AM
    Umkomaas said:
    Grizebeck said:
    Umkomaas said:
    Will they not try to go to court also thanks for your help
    They might do, but you'll surely want to fight them?  If you pay them, they will be adding charges that wouldn't be allowed in court, even if you lost.  But at the moment they are acting as debt collectors. How to deal with debt collectors is explained in the NEWBIES FAQ Announcement, fourth post.

    Send SAR to the parking firm, not QDR. 
    Umkomaas said:
    Will they not try to go to court also thanks for your help
    They might do, but you'll surely want to fight them?  If you pay them, they will be adding charges that wouldn't be allowed in court, even if you lost.  But at the moment they are acting as debt collectors. How to deal with debt collectors is explained in the NEWBIES FAQ Announcement, fourth post.

    Send SAR to the parking firm, not QDR. 
    QDR don't litigate from UKPC , only DCB, (for average value claims), and LPC (or their other incarnation) for higher value claims
    These seem to suggest otherwise:

    https://forums.moneysavingexpert.com/discussion/6358870/ukpc-qdr-solicitors-county-court-claim/p1

    https://forums.moneysavingexpert.com/discussion/6360084/court-claim-received-for-overstay-of-17-mins-in-mcdonalds-ukpc-and-qdr-solicitors-involved/p1

    https://forums.moneysavingexpert.com/discussion/comment/79227248#Comment_79227248

    I stand corrected (said the man in the orthopaedic shoes) and have thus deleted my incorrect comment
  • So thanks for the help ,still slightly confused a bit with all the threads, should i now ignore letters from QDR and wait to see their intentions  , dont want to chance having to pay any court costs in case i fail
  • Trainerman
    Trainerman Posts: 1,329 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    edited 5 July 2022 at 11:53AM
    Do not ever ignore a genuine Letter of Claim !  Debt collector letters can safely be ignored. They try to frighten people into paying. Now, you cannot stop them starting MCOL action, unless you just pay up. Do you want to do that? It means paying up even though you are in the right and just helping the scams continue.

    Alternatively, be ready and fight the scam. If yours is a double dipping scam, as it appears, then you do have a really good defence. Even more so if you can prove you and the vehicle were elsewhere at the claimed times. Statements from co workers perhaps? 

    You could turn the tables here and make the PPC lose money.

    edit to add... have you tried landowner complaint? Always worth a try
    The pen is mightier than the sword ..... and I have many pens.
  • Coupon-mad
    Coupon-mad Posts: 150,051 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 5 July 2022 at 12:03PM
    So thanks for the help ,still slightly confused a bit with all the threads, should i now ignore letters from QDR and wait to see their intentions  , dont want to chance having to pay any court costs in case i fail
    You won't fail.

    Send an email to QDR and copy in UKPC's DPO email.

    Re-state that this was two visits. Re-state that you used those shops daily and returned often within 48 hour periods but only for half an hour at a time that week.  

    You were working in xxxx street and would never have left the vehicle for hours at the shops. To be clear : It did not happen and this is a 'double dip' scenario, a well known automated ANPR error, due to lack of human checks in UKPC's back office to find the 'orphan images' in the middle.

    Tell them that you require UKPC to find the orphan images and cancel the PCN, and you give them 14 days to do so.

    If they do not, you will involve your MP and the ICO in the complaint (and they must consider this a complaint under the DPA 2018).

    NO PHONING ANYONE.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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