QDR / ZZPS / Civil Enforcement Ltd. It just won't stop!

Irritated_24

Hi there,
First time poster on the forum. I have successfully defended a PCN before using all the helpful advice on the Newbies Thread. However, this one won't seem to go away...

The background... I received a PCN randomly in the mail regarding alleged parking contravention outside my local Costa Coffee shop. The system in place there is you have to go into the premises and log your registration plate on an iPad whilst ordering your drink, which I have done countless times before... However, for whatever reason, on this particular occasion my reg plate never got logged correctly.

So, I took the PCN letter into Costa and asked to speak to the manager, a very helpful lady who recognised me. I showed her my internet banking transactions for the date in question showing that I did in fact buy a coffee and use their facilities on that date. The lady said "not to worry, it happens all the time, I can cancel off the PCN on the computer system from our end". 

I thought that the matter was then closed. Several months went by, and then to my surprise, another follow up debt recovery letter, you have 14 days to pay etc.  So I emailed, this debt recovery company explaining I had contacted the Manager of the premises in question who agreed to cancel the PCN on my behalf. The approximate response I got was, you are past the point where an appeal is possible, your outstanding account is now with Civil Enforcement Ltd. and not Costa Coffee (whose car park I thought it was).

Long story short, I have continued to ignore these payment demands for approx 18 months, until now it seems to have escalated to these QDR Solicitor cowboys, who are threatening litigation and mentioning obtaining a Decree against me which has the potential to negatively impact credit rating, prevent future lending and affect current employment or prospects of future employment.

It feels like I can't really ignore anymore... Your best advice, please, going forward...

The alleged contravention was on Scotland, if that makes a difference.

Many thanks in advance.

Coupon-mad

Are you in Scotland?

Irritated_24

Yes I am..

Coupon-mad

Standard advice; here it is posted yesterday:

https://forums.moneysavingexpert.com/discussion/comment/80568859/#Comment_80568859

Obviously ignore the letters!

Irritated_24

Many thanks for taking time to respond.

However, after further research I am minded not to carry on ignoring these payment demands. The latest letter from QDR Solicitors cites the case of Indigo Park Services Ltd. Vs Conor Watson and others, which is a case that occurred in Dundee in 2017.

The Judge found in favour of the Parking firm and ordered the Respondents to pay the initial parking charge notices PLUS all recovery costs. So, surely this sets some sort of precedent for future cases like this...

More info here: www.thecourier.co.uk/fp/news/dundee/2544077/ninewells-nurses-ordered-pay-4000-parking-fines/

What are your thoughts on this??

I think I'll just pay the £170 that they are asking for (albeit going against everything I stand for morally), as I just don't see it is worth the risk. 😭

Trainerman

That Indigo Park judgment was for over £1000. You claim, I believe, is only for around £200. Others more knowledgeable  will confirm, but I believe in Scotland there will be no court case under £300 value as they cannot claim costs.

Why go looking for stuff to frighten yourself with ??? @Coupon-mad and the others KNOW what they are doing Listen to them and avoid parting with your cash to fund a scam

Edit to add ....remember debt collectors are powerless. Their only tactic is to try and frighten you

Irritated_24

Okay - thank you for your reassurance. As happened by coincidence, my local MP was running an Advice Surgery this morning, so I took the letters down to him and explained my position, so he is now also on it (so to speak) and agrees that these debt management firms and how they go about their business is totally unacceptable. So I'll see how that pans out.

Thanks all again. 

Coupon-mad

Irritated_24 said:

Many thanks for taking time to respond.

However, after further research I am minded not to carry on ignoring these payment demands. The latest letter from QDR Solicitors cites the case of Indigo Park Services Ltd. Vs Conor Watson and others, which is a case that occurred in Dundee in 2017.

The Judge found in favour of the Parking firm and ordered the Respondents to pay the initial parking charge notices PLUS all recovery costs. So, surely this sets some sort of precedent for future cases like this...

More info here: www.thecourier.co.uk/fp/news/dundee/2544077/ninewells-nurses-ordered-pay-4000-parking-fines/

What are your thoughts on this??

Yes we know about that one.

A multiple PCN case. completely different - high enough for them to also recover their costs in court -  and done as a one-off 'pour encourager les autres'.

No single PCN case has EVER been tried by the parking industry in Scotland and yours WILL NOT be the first.

I think I'll just pay the £170 that they are asking for (albeit going against everything I stand for morally), as I just don't see it is worth the risk. 

There is no risk.

No CCJ risk either.

Even if you did get a Simple Procedure claim (which you won't) no court fees can be added in Scotland for smaller claimed sums of under £300.

You will not be paying this at any point but certainly not now just because you are getting threatograms from QDR and are taking their scare tactics too seriously.

No-one in Scotland pays.

There is zero risk.

They will NOT start a claim because (unlike in a multi-PCN higher value case) they can't add any court costs.  This fact (unique to Scotland) plus the lack of keeper liability law makes you untouchable.

Believe us please.  We know what we are doing.