QDR Letter of Claim

mazel27

Hi all. Unfortunately i'm late to the game, and have only just been  made aware of the wealth of info on this blog about how to handle private parking charges.

Iv'e spent some time reading the Newbies thread, but i do feel like iv'e half missed the boat...

My situation is that i received a Parking charge from 'All Parking Services UK ltd'  in the post  approx a year ago as my brother (from abroad) had parked my car (i am 'keeper') on a yellow line just outside a Lidl car park. Im not sure if that specific area is part of the general trading estate, or Lidl, but whatever.

The letter was sent to me within just a few days of the 'date of offence', so i assume it was POFA compliant.

Not knowing the DONT'S from this blog, i stupidly replied immediately by email to them, with a 'transfer of liability' challenge, and i provided them with name and address of my brother.
They replied with a rejection of my appeal, unless i prove he was insured on the vehicle at the time etc

Since then i got the regular barrage of letters: warnings, debt collector , bailiffs, from ZZPS, then GCTT, and QDR

Approx 2 weeks ago, i received the 'Formal letter of Claim'

Can anyone advise me (especially @Coupon-mad as you understand this stuff in your sleep!) what the best approach for me is, at this late stage??

Of course, im looking to challenge, not pay

But any advice would be greatly appreciated!

Thanks in advance

KeithP

Hello and welcome.

Why didn't you provide them with proof that your brother was insured?
Anyway, what business of theirs is it whether the vehicle/driver is insured properly or not?
They had no right to refuse your disclosure of the driver's name and address.

You now need to be reading the first few paragraphs of the second post in the NEWBIES thread where you will find a response to that 'formal letter of claim'. 

Coupon-mad

Not knowing the DONT'S from this blog, i stupidly replied immediately by email to them, with a 'transfer of liability' challenge, and i provided them with name and address of my brother.

They replied with a rejection of my appeal, unless i prove he was insured on the vehicle at the time etc

Show us that ludicrous response please.

mazel27

.Coupon-mad said:

Not knowing the DONT'S from this blog, i stupidly replied immediately by email to them, with a 'transfer of liability' challenge, and i provided them with name and address of my brother.

They replied with a rejection of my appeal, unless i prove he was insured on the vehicle at the time etc

Show us that ludicrous response please.

mazel27

KeithP said:

Hello and welcome.

Why didn't you provide them with proof that your brother was insured?
Anyway, what business of theirs is it whether the vehicle/driver is insured properly or not?
They had no right to refuse your disclosure of the driver's name and address.

You now need to be reading the first few paragraphs of the second post in the NEWBIES thread where you will find a response to that 'formal letter of claim'. 

Hi. So i didn't think it was their business how he was insured, and anyways they were asking for proof he was in the country etc, and my gut feeling was that this is not within their rights to demand from the keeper.

Coupon-mad

It is hugely excessive and not within their rights. 

Wow!

Castle

mazel27 said:

Hi all. Unfortunately i'm late to the game, and have only just been  made aware of the wealth of info on this blog about how to handle private parking charges.

Iv'e spent some time reading the Newbies thread, but i do feel like iv'e half missed the boat...

My situation is that i received a Parking charge from 'All Parking Services UK ltd'  in the post  approx a year ago as my brother (from abroad) had parked my car (i am 'keeper') on a yellow line just outside a Lidl car park. Im not sure if that specific area is part of the general trading estate, or Lidl, but whatever.
Since then i got the regular barrage of letters: warnings, debt collector , bailiffs, from ZZPS, then GCTT, and QDR

Approx 2 weeks ago, i received the 'Formal letter of Claim'

Who sent you the "Formal letter of claim"?

mazel27

Castle said:

mazel27 said:

Hi all. Unfortunately i'm late to the game, and have only just been  made aware of the wealth of info on this blog about how to handle private parking charges.

Iv'e spent some time reading the Newbies thread, but i do feel like iv'e half missed the boat...

My situation is that i received a Parking charge from 'All Parking Services UK ltd'  in the post  approx a year ago as my brother (from abroad) had parked my car (i am 'keeper') on a yellow line just outside a Lidl car park. Im not sure if that specific area is part of the general trading estate, or Lidl, but whatever.
Since then i got the regular barrage of letters: warnings, debt collector , bailiffs, from ZZPS, then GCTT, and QDR

Approx 2 weeks ago, i received the 'Formal letter of Claim'

Who sent you the "Formal letter of claim"?

QDR Solicitors sent it to me.
They write that they have been instructed by ZZPS on behalf of the car park operator

Coupon-mad

It's just a ZZPS letter. Not from any solicitor.

Search the forum for

QDR ZZPS letter ignore

mazel27

Coupon-mad said:

It's just a ZZPS letter. Not from any solicitor.

Search the forum for

QDR ZZPS letter ignore

Thank you for pointing this out! I will ignore it. I checked this out now on the forum.

QDR cheekily tiltled the letter: "Formal Letter of Claim , Pursuant to Pre-action protocol for debt claims"
Which gives the impression this is the Letter of Claim from court that one takes seriously!
Hence they nearly fooled me. Honestly don't know how they get away with this stuff

I'll update this post when / if a real LOC arrives in the post

LDast

I suggest sending this response to Rebecca, even if they don't have the intellectual capabilities to fully comprehend it:

Subject: Unlawful Request for Personal Information and Non-Compliance with PoFA

Dear Rebecca,

Thank you for your correspondence regarding the above parking charge notice.

I must raise serious concerns regarding the unlawful and excessive demands made in your recent email. Please note the following:

1. Protection of Freedoms Act 2012 (PoFA) Compliance:
   Under Schedule 4 of PoFA, I have provided the driver’s name and address, which is all that is legally required to transfer liability. PoFA makes no demand that liability can only be transferred if further documentation, such as travel tickets, proof of address abroad, or insurance details, is provided. Your request for such information is unnecessary and disproportionate.

   It is now up to you to contact the driver directly using the details I have provided. There can be no further liability on me as the keeper of the vehicle. Any refusal to accept the transfer of liability would be a breach of your obligations under PoFA.

2. General Data Protection Regulation (GDPR) Breach:
   By requesting sensitive personal information, including proof of address, travel documents, and insurance details, you are in breach of Article 5(1)(c) of the GDPR, which requires that data collection must be relevant and limited to what is necessary in relation to the purposes for which it is processed. These demands exceed what is lawfully required, and any further processing of personal data without a lawful basis will lead to a formal complaint to the Information Commissioner’s Office (ICO).

3. Liability Transfer:
   The name and address of the driver have been provided, as required under PoFA. Your claim that additional documentation is necessary for liability transfer is without merit and constitutes an attempt to intimidate me into paying a charge I am not liable for. The law is clear: once the driver’s details are provided, liability passes to the driver, and no further liability rests with the registered keeper.

If you do not understand the implications of making unlawful demands for data I am not obliged to provide, I strongly suggest you pass this response to a responsible adult who can grasp the legal ramifications, or, if necessary, escalate it to your legal advisors for their review.

In light of the above, I expect you to cease your pursuit of me as the keeper of the vehicle and pursue the driver directly, as required by law. If I do not receive confirmation of this within 14 days, I will consider this matter closed, and any further correspondence may be treated as harassment.

Yours sincerely,

[Your Name]