Should I just give in and pay (details in post)

Beehj84 · 15 June 2018 at 12:29PM

KeithP wrote: »

It is my opinion, and that of many others on here, that you should now ignore everything unless or until you receive either a Letter Of Claim or official court papers.

If or when that happens, post again on this same thread for further guidance if you need it.

Meanwhile, it is well worth watching that video that The Deep linked to.

Hi again,

quick update - I've now received a 2nd letter from QDR solicitors, who state "we have been instructed by ZZPS limited who are acting on behalf of CIVIL ENFORCEMENT LTD in connection with the recovery of the debt, which has been incurred .... blah blah blah Parking Charge Notice, and we require you to make payment in full within the next 14 days."

It goes on to threaten "may result in us recommending to our client that we pass this matter over to our litigation department ... may mean they will look to obtain a CCJ ... possible impacts against you are negative credit ratings, prevent future lending, affect employment, enforcement action ie: attachment of earnings, charge on your property, warrant of execution...

Side note - EXECUTION? Jeepers ... seems a bit harsh to kill someone over a £2.50 parking space that I did pay for lol :rotfl:

So is this the point where I should reply as per the instructions in the below thread?
showthread.php?t=5732122

Should I be making a formal complaint to the SRA as stated above?

My charge is up to £236 now.

Thanks again for the ongoing help.

Fruitcake · 15 June 2018 at 12:40PM

So you've had a debt collector letter. *yawn*

You still owe nothing, and even if you lost in court you would end up paying less than their trumped up charge.
Please continue to ignore debt crawlers, and only respond of you get a LBC. Come back here if that happens.

Beehj84 · 15 June 2018 at 12:49PM

So this "QDR Solicitors" are nothing more than trumped up debt collectors?

hahaha. My goodness they've refined the game of being despicable, morally-void, scrounging bottom-feeders haven't they?

Thanks for the reassurance. I'll continue collecting the notices and waiting for something that explicitly states that they ARE escalating this to legal action, right?

Thanks again

Coupon-mad · 15 June 2018 at 12:59PM

Put QDR into the forum search and change the default to search/show 'POSTS'.

Beehj84 · 15 June 2018 at 1:35PM

Sincere apologies ... I wasn't searching correctly before, and now seeing the number of posts out there on this company, my questions are essentially answered.

I'll hopefully not have to come back, but we'll see. Thanks again.

Beehj84 · 19 October 2018 at 5:31PM

Greetings again - I have now received a "Claim Form - In the County Court Business Centre" with details that point me to the moneyclaim.gov.uk website.

As I understand it, I now have to send off an Acknowledgement of Service and start preparing a defence.

I received the letter this week, and the Issue Date was 11-Oct-18, meaning the Day of Service (5 days after Issue) was the 16th, so the response required by 30th and then my defense required by 13th November (28 days later).

Does that all sound right?

So the claim is for 260 odd pounds, plus 25 for court fees and 50 legal representation. Those are their "requested money from me", right? I don't have to pay anything until and only if I lose the case, right?

Now I have to start building the case. How should I proceed?

Thanks in advance for your help - this whole process has been tough on my mental health frankly, and a small vindictive part of me wants to file a counter-claim for damages myself, though I'm aware that this would likely stir the hornets nest and make my process much more difficult.

KeithP · 19 October 2018 at 5:49PM

Beehj84 wrote: »

I received the letter this week, and the Issue Date was 11-Oct-18, meaning the Day of Service (5 days after Issue) was the 16th, so the response required by 30th and then my defense required by 13th November (28 days later).

Does that all sound right?

Yes, you are right with those dates.

With a Claim Issue Date of 11th October, you have until Tuesday 30th October to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Tuesday 13th November 2018 to file your Defence.

Over three weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.

When you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.

Beehj84 wrote: »

Now I have to start building the case. How should I proceed?

Start by looking at many of the example Defences linked from post #2 of the NEWBIES FAQ sticky thread.

Beehj84 · 6 November 2018 at 2:55PM

Okay, so I've been formulating a defence based on this comment (taken from the Newbies thread as suggested above):

https:// forums.moneysavingexpert dot com showthread.php?t=5659621#2
(won't let me post links)

Given my situation (quoted below), this seems to me to be the best starting point as a defence. This whole thing is *VERY* confusing however, and reading through dozens of inapplicable examples just to find one which is applicable is kinda doing my head in, so whilst I appreciate the snap-reaction of telling people to read the newbies thread, now that I've done so, could I get some more my-situation specific advice on my defense please?

Beehj84 wrote: »

Back story: So stupidly I appealed to the company when I received the original charge, then went onto the POPLA appeal. I had already admitted to driving the car - I provided evidence of what happened (couldn't reach their phone service to pay despite multiple call attempts, called and got through later and paid full daily amount of £2.50 ... apparently it was my responsibility to leave and use other location due to not being able to pay) ... denied on multiple grounds, they cited that popular Beavis court case and a wealth of evidence really just showing that I was in the car park and that other people were able to pay at the same time so it's supposedly my fault yada yada yada.
...
They lost nothing, received full payment from me each time I've used the carpark (I've even paid one of their £60 fines in the past before learning of this resource simply because I made the payment 25 mins late after arriving - forgetting due to an incoming phone call).
...
I don't think Beavis applies at all to the situation - the car park is always half empty, by a railway line, and has a flat daily rate of £2.50 which I always paid. They're fundamentally different scenarios. Additionally, the company lost nothing, in any capacity. It's purely predatory.

None of the signage arguments are relevant for my case. The signage was clear as day, and the evidence shows this.

Amid all of the legal flurry, I actually don't feel like I have much of a case anymore (not due to any notion of justice, in fact this whole process feels decidedly like an attempt to subvert justice).

I was told on here to continue to battle however, so I'm hoping that clear case manifests soon. I'll need to finish this defence and send it in the next day or so.

Thanks in advance for *ANY* help now.

KeithP · 6 November 2018 at 3:25PM

You've had the Claim Form for over three weeks now.

You can post up your draft Defence for critique if you wish.

Did you do the AoS before last Tuesday?

You now have just one week to finalise your Defence - still plenty of time.

The_Deep · 6 November 2018 at 3:38PM

So the claim is for 260 odd pounds,

This is tantamount to fraud imo, a lot more than the law allows. The solicitors know this but hope to sucker you into paying.

Even if they won their claim in court, which is unlikely as it looks as though no contract was ever entered into, the most a judge is likely to award would be £175 - £200, the rest is think of a number money.

I suggest that you complain to the regulatory body, the SRA about this demand for unlawful costs.

http://www.sra.org.uk/home/home.page

Should I just give in and pay (details in post)

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