QDR solicitors letter following a PCN from open parking

[adam1234]

hi, the driver received a PCN from open parking on 03/12/2019 for not displaying a permit at a staff parking at cantebury and kent hospital.

the driver replied on 27/02/2020 to try and appeal it (the drivers permit ran out night before but didnt renew it till 8am, when they went down they had recieved a fine at 0730am) but appeal was said to be made out of time as it had been passed on to ZZPS.

the owner (another family member) now receiving letters from QDR solicitors threatinging with CCJ.


realised afterwards that their evidence shows frosted windows which probably wasnt enough evidence but the drivers email appealing to open parking already accepts that the driver didn't have a permit?

unsure whether to pay the £95 they are demanding (original PCN of £35) or to ignore or is it possible to pay the £35


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[adam1234]

ostell

[ostell]

Where's page 2 of the NTK?

Has the driver been identified?

Edit so the identity of the driver cannot be inferred

[adam1234]

Where's page 2 of the NTK?

Has the driver been identified?

Edit so the identity of the driver cannot be inferred

no the driver has not been identified.

except possibly by the driver sending the email to open parking?

however it has been passed on to QDR who are sending the letters to the registered keeper of the car.

[ostell]

And what have you just done in your post?

The letter is not compliant with POFA but if the driver is known then it matters not one jot.

[adam1234]

And what have you just done in your post?

The letter is not compliant with POFA but if the driver is known then it matters not one jot.

i have reworded and edited previous posts now, i misread your previous post

[ostell]

Has the NTK got a page 2, otherwise there is important wording missing that makes the NTK noncompliant with POFA.

[adam1234]

Has the NTK got a page 2, otherwise there is important wording missing that makes the NTK noncompliant with POFA.

Yes it has a page 2 and 3 attached

[ostell]

The appeal I would have sent would have been


Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

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

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc

There is also no period of parking

[adam1234]

thank you, would it still be possible for the registered keeper of the car to send this email to open parking? and then ignore QDR solicitors? or does the contact now have to be through QDR solicitors? what would you suggest should be done at the current time

[ostell]

You tell the solicitor that the keeper cannot be held liable because ...... and any case would be bound to fail

[adam1234]

You tell the solicitor that the keeper cannot be held liable because ...... and any case would be bound to fail

thank you! i shall wait to receive a letter before claim and then reply to them... or would you advice replying asap

[ostell]

Reply before then, put the pressure on them

[adam1234]

Reply before then, put the pressure on them

hi ostell, finally recieved this reply for QDR solicitors. what would you adive

[ostell]

Respond telling them to refer back to their principal as you deny, as the keeper, any debt.* Their failure to comply with POFA means that they cannot possibly hold the keeper liable for the actions of the driver.

Did you send that initial letter to the PPC?* If not then do it.