Parking Eye - Letter Before Action

phynbarr

Sorry. Reading from POPLa site "operator has rejected these and issued a POPLA appeal form" PE hasn't issued a POPLA appeal form so I am still at the stage of letter writing since I don't appear to have the option of either an appeal or court defence yet

Coupon-mad

phynbarr wrote: »

PS no POPLA number provided which would appear to have been the main intention. I guess they're getting wise to that one

Nope, not the main intention! We didn't think they would actually offer a POPLA code. But in asking for POPLA, you have appeared very reasonable by responding and suggesting an ADR and they look worse for refusing it (if it goes to a hearing). It's like a game of chess and you are posturing for a win, we hope!

You can't log a defence online yet because this is at pre-court stage isn't it? LBA only, not small claims papers received? That's good, let's try to keep it that way and get shot of them.

And they are not looking 'determined' just because they've sent you the same template they send to everyone in your position. It's an example of standard computerised 'one-click' style letter-issuing at its worst and you should again respond and rebut the points their template now makes.

Search the forum for 'Mayhook' and you will find a few LBA threads where I have linked the NCP v Mayhook case and other rubbish that PE usually churn out. Read the advice already given to people who have already received and knocked back that template. Do the same, only the additional point in your case is to remind PE again that their random signage and their business model of remote cameras (with no actual parking time evidenced at all) is deficient under Dept for Transport rules as regards all on-site 'traffic signs' and statutory rest/parking time at MSAs.

And complain to the MSA Manager; the best result would be that PE waste all these man-hours only to have the rug pulled from under their feet by their client who gets the stupid fake PCN cancelled with one phone call! Be assertive but polite with the Manager of the MSA and do it now, before it gets anywhere near a court. People who leave the complaint too late (after a small claim has been lodged) have found that they still get PE on their back demanding £50 costs even if they cancel on the say-so of the landowner/occupier. This doesn't happen if you can persuade the MSA to cancel it now.

phynbarr

Received a "Letter Before County court Claim" today. despite having sent 2 recorded delivery letters requesting POPLA number.

I have also written to POPLA - who said they couldn't intervene - and Approved Operator Scheme BPA requesting that they get their operator to provide me with a POPLA number.

the latte's response was "we are not empowered to become involved in individual disputes" and "I would be happy to make contact with the operator concerned to seek to determine whether they are non-compliant of our Code". Which I have asked them to do.

Do I still continue to ask for a POPLA code or does the argument move on?

ILW

Did you actually park where you should not have?

phynbarr

I want to go through the official process with the operator and put my arguments to them and am being continually ignored.

Coupon-mad

phynbarr wrote: »

Received a "Letter Before County court Claim" today. despite having sent 2 recorded delivery letters requesting POPLA number.

I have also written to POPLA - who said they couldn't intervene - and Approved Operator Scheme BPA requesting that they get their operator to provide me with a POPLA number.

the latte's response was "we are not empowered to become involved in individual disputes" and "I would be happy to make contact with the operator concerned to seek to determine whether they are non-compliant of our Code". Which I have asked them to do.

Do I still continue to ask for a POPLA code or does the argument move on?

It moves on as you will see on other threads. Look at the other LBCCC cases with that same letter on here, I can think of two recently both where the owner/occupier has now cancelled the charge when the posters assertively complained about this harassment.

https://forums.moneysavingexpert.com/discussion/comment/62837690#Comment_62837690

I think they are the top two threads I have listed as 'successes' on that link and although both now cancelled by the owner/occupier/store manager/Retail Park agents, in both cases the threads have advice on how to respond to that letter.

phynbarr

I have written to the manager of the service station and have now just emailed the CEO of Welcome Break asking if their continued association with PE is doing them any favours.

I also contacted the BPA and asked them to bring whatever influence they have to bear on one of their member organisations to get a POPLA number. They have responded asking for details of the incident and correspondence but I am not hopeful they will be able to do anything more than anyone else