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  • FIRST POST
    • moneymagic217
    • By moneymagic217 17th Oct 16, 11:15 AM
    • 2Posts
    • 1Thanks
    moneymagic217
    CEL - Letter Before Action Help - No response to submitted appeal
    • #1
    • 17th Oct 16, 11:15 AM
    CEL - Letter Before Action Help - No response to submitted appeal 17th Oct 16 at 11:15 AM
    Hi All, i need urgent help if possible.

    A quick summary, I was issued a PCN from Civil Enforcement Ltd (issued 16/12/2014) for not paying to park on 26/11/2014 (£100 fine).

    I sent an email into their appeals address on 18th January (within 28 days of when I received the PCN).
    I received no reply to my appeal.

    As they are a member of BPA I emailed again on 12/02/15 stating "As it has been past the 14 days since I wrote to you with my appeal and you have not replied, I consider my appeal to have been accepted as otherwise would be a breach of the BPA code of practice."

    Again I received no response to this email, though I did receive a Parking Charge Notice Reminder that had an issue date of 06/02/15.

    I heard nothing again until arriving home from holiday today to a letter dated 12/10/16 detailing Letter Before Action saying the issue is unresolved, an outstanding debt of £140 (additional legal costs and interest) along with Draft Particulars of Claim, (signed by Mr Michael Schwartz) and the Beavis Press Summary.

    First question is what do I do as I thought the issue was resolved as they did not respond to my appeal. Do I have any basis to defend on that alone? I cannot make a Popla claim as I never received a letter of rejection to the appeal.

    Any help would be greatly appreciated!!!!
Page 1
    • Castle
    • By Castle 17th Oct 16, 11:59 AM
    • 1,065 Posts
    • 1,318 Thanks
    Castle
    • #2
    • 17th Oct 16, 11:59 AM
    • #2
    • 17th Oct 16, 11:59 AM
    Send a complaint to the BPA for (a) failure to issue a POPLA code (b) failure to cease recovery action whilst an appeal was in progress.

    Furthermore, Mr Schwartz has been recently investigated by the SRA, so any untruths in the draft particulars of claim and/or the letter before action should be brought to the attention of the SRA.
    • The Deep
    • By The Deep 17th Oct 16, 12:00 PM
    • 5,561 Posts
    • 4,272 Thanks
    The Deep
    • #3
    • 17th Oct 16, 12:00 PM
    • #3
    • 17th Oct 16, 12:00 PM
    I heard nothing again until arriving home from holiday today to a letter dated 12/10/16 ... (signed by Mr Michael Schwartz) and the Beavis Press Summary.

    Have you read this?

    http://forums.moneysavingexpert.com/showthread.php?t=5540919
    • Coupon-mad
    • By Coupon-mad 17th Oct 16, 12:10 PM
    • 40,493 Posts
    • 52,390 Thanks
    Coupon-mad
    • #4
    • 17th Oct 16, 12:10 PM
    • #4
    • 17th Oct 16, 12:10 PM
    Same advice as this exact same situation:

    http://forums.moneysavingexpert.com/showthread.php?t=5541865

    HTH
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

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