Received letter from QDR solicitors

ChrisBristol88

Hi everyone, I received a court Claim Form today from Smart Parking via QDR Solicitors. What is my next step? 

I have check on the Ringgo website and I can see I did pay for an hour's parking on the day in question, but the 'Particulars of Claim' details make no reference to how long I was meant to have overstayed, and what time I left. It just says insufficient paid time. It also says 'the Defendant is the driver of the vehicle', which they can't possibly know as I don't even know who was driving. Both my wife and me are insured for the car and it could have been either of us. 

Coupon-mad

ChrisBristol88 said:

Hi, I have received a letter out of the blue from QDR solicitors on behalf of ZZPS claiming that I owe £170 (originally £100) for insufficient paid time in a car park nearly 2 years ago. I have not had any previous correspondence about this and I have no idea how long I paid for and how long I apparently overstayed. I'm not in the habit of overstaying in car parks, but it's not out the question that we were late back to the car by minutes rather than hours. When I google that car park it says that they use Ringgo, but I can only find my sessions going back about 6 months on the app. The letter looks very formal and is headed "formal letter of claim". I don't want to engage with them in case that just encourages them, but I don't want to ignore it in case they issue court proceedings. 

On page two it states "if we do not hear within 30 days... we anticipate being instructed to issue court proceedings" Is this genuine? Would they not have to send a letter saying they definitely will be issuing proceedings? 

Also, given that this is the first I have heard about this it all seems rather unreasonable! 

Any advice would be gratefully received. I could pay the £170 to make it go away but I feel pretty angry at this dropping out of nowhere.

Thanks 

ChirpyChicken said:

ChrisBristol88 said:

ChirpyChicken said:

ChrisBristol88 said:

ChirpyChicken said:

I would do nothing.  If you get a court claim via QDR then deal with it, using the help from here.  Engaging with them will neither discourage or encourage them

Thanks for the quick reply.

If I get a court claim won't that inevitably mean it will cost me more? 

definitely not
Your reply is assuming you would lose
The aim is to win and pay Zero

But why would I expect to win? Assuming I did overstay, which is presumably likely if they have gone to this much trouble - and I have no evidence to the contrary - then surely I may well lose? What's my defence other than 'this is the first I have heard of this'? 

Why so negative, your defence would be no keeper liability (have a read up on that )
You would most likely win because we do these all the time so can see who the claimant is and know the process
If you get a court claim come back to use

Your defence is available on all the other smart parking court claim threads, have a read , but no point spending time on this unless you get a claim

ChrisBristol88 said:

Hi everyone, I received a court Claim Form today from Smart Parking via QDR Solicitors. What is my next step? 

I have check on the Ringgo website and I can see I did pay for an hour's parking on the day in question, but the 'Particulars of Claim' details make no reference to how long I was meant to have overstayed, and what time I left. It just says insufficient paid time. It also says 'the Defendant is the driver of the vehicle', which they can't possibly know as I don't even know who was driving. Both my wife and me are insured for the car and it could have been either of us. 

Oooh via QDR. That's unusual and is normally only issued by QDR in multiple PCN higher value cases. We did wonder when we saw the LBC. But the defence is pretty much going to be the same.

Show us the POC and tell us the date of issue.

ChrisBristol88

Date of issue is 19th January, arrived today

ChrisBristol88

Here are the PoCs

Coupon-mad

You've already been advised that your defence is shown on all Smart Parking court claim threads. In fact just read the Smart Parking Defence Group Thread. Use that one.

ChrisBristol88

I've reposted the PoC because it didn't show. Which Smart Parking Defence Group thread, there seem to be quite a number?

Gr1pr

ChrisBristol88 said:

Date of issue is 19th January, arrived today

Do the AOS stage online on MCOL over the weekend or next week 

The defence deadline is 33 days after that issue date,  ( which was the 19th. January. )

Use the Smart Parking defence as mentioned earlier 

Coupon-mad

ChrisBristol88 said:

I've reposted the PoC because it didn't show. Which Smart Parking Defence Group thread, there seem to be quite a number?

I've bolded the important word you missed. There is only one! Search...

Coupon-mad

The POC says you were driving, as you noticed.

That's odd. It reads as if your appeal admitted to driving or you ticked 'driver'. Did you?

ChrisBristol88

I haven't appealed or responded to or ticked anything!