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Parking lbccc - reply to acknowledgement letter received
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emzy789
Posts: 11 Forumite
I posted my appeal to POPLA within the 28 days. They claimed they never received it until after the 28 days.
I have since then written the following letter to PE on 19/02/2014:
Parking Eye Ltd
Legal Department
Parking Eye Limited
PO Box 565
Chorley
PR6 6HT
for the personal attention of Rachel Ledson (Supervising Solicitor)
Dear Ms Ledson
Parking Eye Ltd v xxxxxxxxxxxxxxx
Proposed Legal Proceedings
Thank you for your letter of xxxxx, in relation to the Parking Charge Notice re: xxxxxxxxxxx at Two Saints Retail Park.
First, the alleged debt is disputed and any court proceedings will be vigorously defended.
Secondly, despite the wholly inaccurate statement that the letter is 'fully compliant with the Practice Direction' it is in fact defective and appears to be a deliberate attempt to mislead the recipient.
Please therefore provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct:
(web page link)
I assume that since your letter before county court claim refers me to the Practice Direction, you obviously know what is required and I expect you to comply with their obligations.
I am concerned about the fact that I, as an unrepresented person with no legal training, am having to explain to you what the Practice Direction requires from you. I would like an explanation from yourself as to how you could have made such a fundamentally misleading mistake.
I confirm that I shall then seek advice and submit a formal Response within 30 days of receipt, as required by the Practice Direction.
I do not accept that your Company is unable to use the POPLA service as I believe that it makes sense to comply with the Practice Direction’s requirement to refer this matter to POPLA, which is the appropriate for of Alternative Dispute Resolution for parking disputes.
Please ensure that someone does actually read and respond to this letter, providing the specific information relating to the county court claim that your client intends to make against myself as the defendant to the proposed legal proceedings. Please DO NOT send a generic FAQ letter in reply as to do so does not meet the requirements of the Practice Direction and will take this matter no further forward.
Please note, a refusal to comply with the Practice Direction will result in an immediate referral to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook version 8, published on 1st October 2013.
I trust this will not be necessary, and look forward to receiving a fully compliant letter before claim in due course.
Yours faithfully
xxxxxxx
They have since responded with the following letter dated 04/03/2014
Thank you for your correspondence in relation to the parking charge incurred on xxxxxxx
We recently sent you a letter before county court claim informing you that the above parking charge remains outstanding and has now been processed for further action. This is because you have not appealed to POPLA within 28 days of your appeal being rejected or paid the parking charge in full and you are now unable to appeal to POPLA.
ParkingEye is prepared to pursue this matter through County Court if necessary. Should court proceedings be issued, further costs incurred by ParkingEye will be added. These will include the cost of issuing the court claim and out solicitor’s fees. Please find details of how to make payment below.
Yours faithfully
ParkingEye Legal Dept.
Is this the normal response? How should I respond now?
I have since then written the following letter to PE on 19/02/2014:
Parking Eye Ltd
Legal Department
Parking Eye Limited
PO Box 565
Chorley
PR6 6HT
for the personal attention of Rachel Ledson (Supervising Solicitor)
Dear Ms Ledson
Parking Eye Ltd v xxxxxxxxxxxxxxx
Proposed Legal Proceedings
Thank you for your letter of xxxxx, in relation to the Parking Charge Notice re: xxxxxxxxxxx at Two Saints Retail Park.
First, the alleged debt is disputed and any court proceedings will be vigorously defended.
Secondly, despite the wholly inaccurate statement that the letter is 'fully compliant with the Practice Direction' it is in fact defective and appears to be a deliberate attempt to mislead the recipient.
Please therefore provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct:
(web page link)
I assume that since your letter before county court claim refers me to the Practice Direction, you obviously know what is required and I expect you to comply with their obligations.
I am concerned about the fact that I, as an unrepresented person with no legal training, am having to explain to you what the Practice Direction requires from you. I would like an explanation from yourself as to how you could have made such a fundamentally misleading mistake.
I confirm that I shall then seek advice and submit a formal Response within 30 days of receipt, as required by the Practice Direction.
I do not accept that your Company is unable to use the POPLA service as I believe that it makes sense to comply with the Practice Direction’s requirement to refer this matter to POPLA, which is the appropriate for of Alternative Dispute Resolution for parking disputes.
Please ensure that someone does actually read and respond to this letter, providing the specific information relating to the county court claim that your client intends to make against myself as the defendant to the proposed legal proceedings. Please DO NOT send a generic FAQ letter in reply as to do so does not meet the requirements of the Practice Direction and will take this matter no further forward.
Please note, a refusal to comply with the Practice Direction will result in an immediate referral to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook version 8, published on 1st October 2013.
I trust this will not be necessary, and look forward to receiving a fully compliant letter before claim in due course.
Yours faithfully
xxxxxxx
They have since responded with the following letter dated 04/03/2014
Thank you for your correspondence in relation to the parking charge incurred on xxxxxxx
We recently sent you a letter before county court claim informing you that the above parking charge remains outstanding and has now been processed for further action. This is because you have not appealed to POPLA within 28 days of your appeal being rejected or paid the parking charge in full and you are now unable to appeal to POPLA.
ParkingEye is prepared to pursue this matter through County Court if necessary. Should court proceedings be issued, further costs incurred by ParkingEye will be added. These will include the cost of issuing the court claim and out solicitor’s fees. Please find details of how to make payment below.
Yours faithfully
ParkingEye Legal Dept.
Is this the normal response? How should I respond now?
0
Comments
-
On your appeal to popla, you said you posted within 28 days, when in that 28 days did you send it? Did you get proof of postage? Why didn't you appeal online ?
I will leave it to others on the reply you've had as I have not seen that particular reply before. But I can see that they have not addressed their failings, or provided you with a reply on your questions, this is a generic letter.When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
We don't need the following to help you.
Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
:beer: Anti Enforcement Hobbyist Member :beer:0 -
When was the POPLA deadline? Did you get proof of postage? POPLA can hear appeals after 28 days of there is a good reason. If you post something then you should always assume it will be delivered 2 days after you post it. So if you posted on the 27th day then it may have been received late. Could you not have used the online POPLA submission form?
This is the normal ParkingEye response. You have two choices:
1) Pay.
2) Play the long game and wait it out. Ignore future correspondence from ParkingEye and any debt collectors. Do not ignore any forms from the court though. When it gets to that stage come back here, this sticky newbie thread has good advice on how to defend a small claim in the county court.0 -
Why not send a further copy of your letter to Ms Ledson marked "REMINDER". I should imagine that this sort of ping pong costs them a lot more than it does you, and anything which wastes their time is to be commended.
As a solicitor, Ms Ledson has a lot to lose if she behaves unprofessionally, so go for her throat.You never know how far you can go until you go too far.0
This discussion has been closed.
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