Euro carparks / QDR solicitors letter before court action please help

Theyreallouttogetme

I have just received a formal "pre-action protocol before court" letter from QDR solicitors for an unpaid parking charge notice.

History as follows

May 2022 5:30 p.m. my wife took our blue badge disabled daughter (rheumatoid arthritis) into a deserted town centre car park so she could collect something she had ordered from a shop. My wife waited in the car and When our daughter returned, they the car left the car park 10 minutes and 26 seconds later according to Euro car park cameras.

In June of 2022 we got a PCN from Euro car parks with a £60 charge.

I wrote back that they were only seconds outside of the 10 minute grace period, our daughter was a blue badge holder, my wife did not leave the car and only waited for our daughter's return, and we are both on a pension and had no intent to deceive or defraud and could the charge be set aside.

They told us the appeal wasn't successful and the letters kept coming increasing to £170.

I asked our local councillor to appeal to Euro car parks on our behalf. And he wrote to them citing our daughters blue badge status and the brief length of time we had spent in an empty 200 space car park with only two other cars in it.

Euro car parks simply wrote back to him saying the matter was out of their hands and with debt collectors

QDR solicitors have now taken over and I have now received the second letter from them which is the final letter before court action.

I have always thought a court would look leniently on our circumstances because of the seconds we were in the car park after the 10-minute grace period but this week I've just read that the 10-minute grace period only relates to returning late to your car AFTER purchasing a ticket, and doesn't relate to an Initial short wait in the car park. 

We would be very grateful for advice.

I've considered offering qdr the original charge of £60 in full and final settlement but not the £170, I'd rather see them in court on moral grounds. 

We are at our wits end what do you think is the best course?

la531983

Do nothing. Come back here if they actually issue a court claim. 

Do not engage with them. 

Coupon-mad

You can relax. You will pay nothing.

I have always thought a court would look leniently on our circumstances because of the seconds we were in the car park after the 10-minute grace period.

It will: a Judge will be with you. It's OK to get a court claim. We defend these every day.
No worries.

The 'consideration period' at the start (used to be called an 'observation' period) is a minimum not a maximum.  Legally, disabled people must be allowed more time.  Even the BPA said so:
https://www.britishparking.co.uk/news/good-car-parking-practice-includes-grace-periods

Ask your MP to email Michael Gove and/or the Minister with the new parking Code of Practice portfolio: Jacob Young - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities).

Complain also to the landowner. Copy in QDR and respond ROBUSTLY to pre-action letters.  It looks better.

Come back to us if you get a Court Claim.
Honestly you can relax. You won't get a CCJ. 

Theyreallouttogetme

Thank you for your comments it is very much appreciated I will draught a robust response.

patient_dream

Theyreallouttogetme said:

Thank you for your comments it is very much appreciated I will draught a robust response.

You must show them that you are NOT a mug because QDR are mug hunting

Sad for Euro, I would never use QDR as a legal

Le_Kirk

Theyreallouttogetme said:

Thank you for your comments it is very much appreciated I will draught a robust response.

....... or better still draft.

Theyreallouttogetme

This was my email to QDR solicitors today

Dear QDR,

This is my formal response in answer to your PCN and pre-court action letter ref xxxxxxx

In May 2022 5:30 p.m. my wife took our daughter, who suffers from rheumatoid arthritis and has a blue badge, into South Shields town centre car park opposite the old library so she could collect something she had ordered from a shop. She was in arthritis flare up at the time and although she was able to walk she was unable to drive her own car. 

Euro car park cameras recorded the total visit as 10 minutes and 26 seconds.

In June of 2022 we got a PCN from Euro car parks with £60 "fine".

We wrote back saying that they were only seconds outside of the 10 minute grace period, our daughter was a blue badge holder my wife did not leave the car and only waited for our daughter's return and we also offered to pay the original parking charge which would have been something like 50 pence or a pound.

This had no effect and the letters kept coming increasing to £170! These have, and continue to cause my daughter and my wife considerable alarm and distress given that myself and my wife are both on our pensions.

After more research I discovered that in addition to the initial consideration period, those with disability should be given extra time and leniency so I asked our local councillor xxxxxxx to appeal to Euro car parks on our behalf. He wrote to them citing our daughters status and the brief length of transgressional time (26 seconds!!) they had spent in an otherwise deserted 200 space car park with only two other cars in it.

Euro car parks used the trick of writing back to our counsellor with the response that the "matter was out of their hands and with debt collectors".

I appreciate that you (QDR) are late to the issue and may not have known the full facts before sending out the this final letter before court action.

I now write to tell you that this is no longer about the money, it is a matter of principle. This is a David and Goliath struggle between a disabled girl and her mother and a morally bankrupt organisation and we are certainly prepared to attend and present our case to the authority of the court.

I do hope therefore, that you will see sense and cease this incessant hounding of us.

For your information I have also taken the liberty of copying the contents of this letter to our local MP and our local counsellor.

I await your earliest response.

Coupon-mad

'counsellor' (twice) should read councillor

You should specifically state this at the end:

The parking operator failed to make 'reasonable adjustments' of fixed time policies, which is illegal under the Equality Act 2010 ('the EA').  If your client persists in processing and/or sharing my data and in the event of a court claim, take note that I will file a Part 20 counterclaim for not less than £500.  This will be claimed as damages for distress arising as a result of clear breaches of the EA as well as the DPA 2018 and/or the Protection From Harassment Act 1997.

Give them 14 or 21 days to respond. Your email is currently not giving them a deadline.

Do copy in the retail park or site agent because they are more likely to get scared and cancel.  They are jointly and severally liable for indirect discrimination.

Don't expect to se it cancelled. Do expect to win if they try a small claim.

Theyreallouttogetme

Hi coupon-mad and thank you so much for the advice I have written as per your suggestions.

Regarding the site agent, I had previously contacted the council to see who owned the site but they told me that euro car parks owned the freehold of it so I am not sure if there is another third party I can write to?

Theyreallouttogetme

I have written to my local counsellor and also my MP and they have supported me to the hilt and my MP has also written directly to the managing director of Euro car parks. all to no avail. today I received something called 'claim form' to (I assume) appear at the national civil business centre (county court?) in Northampton.

It is asking for a response on my intended action. I am resolute and intend to fight. Can anyone give general advice on this please.

importantly, I come from South Shields in the northeast and South Shields is also the location of the car park. Is it possible for me to ask for transfer of this case to my local court in South Shields.

Theyreallouttogetme

this is the letter