QDR solicitors letter following a parking charge notice

[EthanDuffs]

The driver of this vehicle received a parking charge notice sometime in early June while on the Liverpool university campus from 'Open Parking' for £60, since it has been ignored as instructed by a friend and now follow up letters have been received from ZZPS and QDR solicitors, the most recent letter (from QDR solicitors) is now asking for a £120 fine and are threatening with a possible CCJ, what action would u recommend against this? I have attached the most recent letter below and the evidence they have for the parking violation. Any advice would be much appreciated, thanks.

[Amethyst]

Tell your friend to tell people NOT to ignore these... they can and will take it to court so you are seriously better paying within the 14 days unless you have a genuine dispute.

I think ostell will want to see the original notice to keeper - do you have this available ( redact personal details but leave times/dates etc on it )

I'm just off to redact the letter you have posted as you left ALL your details on it.... ( edit: done... done the car too )

[EthanDuffs]

Apologies! i did notice straight after and have edited the photo accordingly. Sorry but i dont think i have the original notice only the original letter received.

[Amethyst]

THink you're probably lucky it wasn't a parking fine and only a parking charge from a private company there tbh ( regardless of there being a small break in the lines for the speed hump you've straddled - as well as blocking the pavement lol ). Ostell will probably look in later, but was the ticket issued bang on midnight as that letter appears to state ? Is the pic yours or from the parking firm as evidence? ( as that's not midnight ) ( ahhh picture says 11.32am - so wonder what original notice said)

[EthanDuffs]

Amethyst do you think my best option is appealing to pay the original £60?

[Amethyst]

Wait for Ostell to have a look as I seriously know nothing in depth about private parking issues. If you weren't on double yellows then I'd likely want to know if there were signs about the place giving the ' park only in marked bays' instruction ?

[EthanDuffs]

Yes thats the photo supplied by the parking company and i dont remember a sign saying that no.

[ostell]

I'm rather busy on something else at the moment but will get back to you
QDR solicitors are debt collectors, former name Quantum Debt recovery. They can use "solicitor" in the title because some of the directors are solicitors with Wright Hassel solicitors, well known around here. Here's companies house ZZPS, another debt collector, do not own the alleged debt and therefore cannot instruct a solicitor to take it to court.

It's all threats meant to scare you. They cannot just obtain a CCJ, they have to go to court first and win.

Who are Open Parking? Can't seem to find a reference to them. Is this private land or a public road? Check with the local authority. Lack of visible signs is helpful (to you). Can you give a google street view of the location.

Edit the first post so that the identity of the drive cannot be inferred. Use "The driver ......" etc

[Amethyst]

Parking company seems to be "Open Parking".

[EthanDuffs]

Much appreciated ostell i will look on google street views now accordingly and await your reply on the matter. Im not sure if it is a private road or not but it was on a Liverpool University campus road if that helps (which i assume means its public). I have since looked on google maps and a street view isnt possible of the road it would seem, you can get close due to satellite imaging but no good street view is available.

[ostell]

Parking company seems to be "Open Parking".

I can't find out anything about them on the PADI site, Open's website says IPC

Got it ! Trading name of "Imperial Civil Enforcement Solutions Ltd". Only 3 court cases this year so far and none previous.

Did the driver report a windscreen ticket at the time?

You could write to Open Parking and request that they send you a copy of the original PCN so that you can see what they are actually demanding about this alleged debt. Their debt collectors are saying that the alleged breach was at midnight but you know the car was not out at that time on that day. Please clarify. Post it up when/if you get it.

Contact Liverpool Council and see what they have to say about the status of the road. It may be on a page on the council web site. Maintained by the council then they have no claim against the keeper. A road to which the public have access could be subject to RTE and again no keeper liability.

The photo does not show any signs in the location so how was the driver at the time to know of any parking restrictions. If there are signs in the area could you post up photos of them please. Perhaps they may have messed up

Imperial Civil Enforcement Solutions is reporting itself as a software development company!

[EthanDuffs]

I am waiting on a response from both the Liverpool council and open parking but in the meantime i thought i would post these photos in case they are what you are looking for.

[ostell]

That looks like a reminder letter and is certainly not compliant with POFA to hold the keeper liable. Did the driver have a ticket on the windscreen. If not has there been a previous letter? Post that up.

If that is all that has been received then, amongst other things, they have issued it too late for the keeper to be held liable for the actions of the driver.

[EthanDuffs]

ostell yes the driver did have a ticket on the windscreen. As for the letters, the IPC letter i posted was the first i received but i have received multiple letters since.

[ostell]

IPC is the trade association, the parking company is Open Parking.

I think they are trying to be clever and this is in fact the first letter that has been sent but they are trying to hide the fact. No matter. They are also trying to say it is too late to name the driver: they also lie !

As this is the first you have received then:

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the registered keeper of the above vehicle and am in receipt of the PCN you caused to be delivered on the12th June 1981. This is the first letter I have received from you about this matter and therefore I have no liability as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, delivering the notice past the end of the prescribed relevant period of 56 days, contrary to section 8 (4) of the Act. You are therefore unable to transfer liability from the driver at the time to me.

There is no legal requirement to identify the driver and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.


Send this to Open Parking and then ignore after that, unless you get a letter before claim. They are not known for their court claims. Ignore the debt collectors. Send it first class post with a free certificate of posting from a Post Office.