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QDR Formal Letter of Claim
![[Deleted User]](https://us-noi.v-cdn.net/6031891/uploads/defaultavatar/nFA7H6UNOO0N5.jpg)
[Deleted User]
Posts: 0 Newbie
I am not sure how QDR can now be making threats to start County Court Proceedings as the 6 months is clearly over.
I will submit a SAR. But what would the next step be, it looks like they have taken the Bylaw to initially try to charge me, and then made out it’s now a contract.
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Comments
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QDR/ZZPS have stated in the past they are able to change from a byelaw offence to a contractual claim
However this is not possible and you should have no difficulty in defending this.
For this I would NOT use the template defence if you get a claim form but write a specific defence for this claim
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Which parking firm issued the original charges? Did their letters show the charges as being Parking Charges, or PenaltyCharges?
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 Street2 -
Not a byelaws Penalty Notice then.[Deleted User] said:
Original letter came through as a Parking Charge NoticeUmkomaas said:Which parking firm issued the original charges? Did their letters show the charges as being Parking Charges, or PenaltyCharges?
It has not timed out.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Yep so you reply as advised already.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Are you sure? If they issued a Parking Charge Notice, it cannot have been issued under a bylaw. It can only be issued under civil contract law. Hence, the irrelevance of the 6 month timeout.[Deleted User] said:
The Parking Charge Notice was issued under Railway Bylaw 14.1 -
No, I made a mistake. It appears that it is a Penalty Notice under bylaw 14B789 said:
Are you sure? If they issued a Parking Charge Notice, it cannot have been issued under a bylaw. It can only be issued under civil contract law. Hence, the irrelevance of the 6 month timeout.[Deleted User] said:
The Parking Charge Notice was issued under Railway Bylaw 14.0 -
I think the advice may have been deleted due to my incompetence around what sort of PCN I was issued. Which should I reply to?Coupon-mad said:Yep so you reply as advised already.0 -
Nothing has been deleted AFAIK.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
I’m sure I saw a comment advising how to respond, which I can’t see now…
in short, do I respond to this letter from QDR and what would I need to include?0 -
If it is a LoC then you respond robustly and tell the shysters to put up or shut up. If it is indeed a Penalty Charge Notice, they don't have a leg to stand on.
They cannot claim against you for any breach of contract if they are relying on Railway Bylaw 14. Only the landowner, the TOC, can make a claim against the "owner" (good luck trying to prove that one) as a criminal matter in a magistrates court. even then, the prosecution must commence within 6 months of the offence.
Personally, I'd just tell the intellectually malnourished staff at QDR to go sit on a sharp stick and rotate.1
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