Capital2Coast - thoughts welcome on very dated incident!

scamander

Hovite & Coupon,

There's also a car park around half way down on the right (if you drive south). From what I remember the photo of the car was taken a middle-distance and side on, an angle only available from a camera in the car park and looking across the road.

There's also the Travelodge place at the end. It could be either.

scamander

Just an update (thoughts welcome as ever).

Seems as if the relative was parked in the private car par for a few moments whilst they went inside one of the flats which the car park serves (ironically to get a permit for the car park!). The person they were visiting had run of permits out so they returned to the car and drove out and parked on the street.

This is interesting as the photo on the letter showed the car parked on the main street (side on with no licence plate) The relative said that there was a van in the car park and I can only assume that they didn't get a pic of the car parked in the car park but took its details and then took a pic of it parked legally on the high street.

I'm presuming that they don't have a picture of it in the car park and are bluffing?

The outcome of this is that a friend of the relative has convinced the person in question to totally ignore the letter and "see what they send next". I advocated the appeal route as suggested earlier in the thread (going to POPLA and using the inability of the POFA to stand as it had exceeded the time limit).

Given that said relative is going to sit it out what can we expect next?

bod1467

scamander wrote: »

Given that said relative is going to sit it out what can we expect next?

Lots more letters, and possibly a court claim (although I don't know how litigious C2C are).

BTW - per the Interpretations Act 1978, if something is mailed and correctly addressed, then it is deemed "served" within the normal time scales for that method of postage. (2 days for first class). Recorded delivery is not needed (but proof of posting would be needed).

Stroma

They still don't comply, the photo from the street, and no grace time to move the car out of the car park. Can I just say why not go to the popla route as it costs the parking company £32 and you are guaranteed to win with a forum assisted appeal, as it stands right now

scamander

Stroma,

Annoyingly the person involved seems to have been swayed more by the "don't do anything" argument, even though I've made the points as suggested by the kind folk on here.

As for the upcoming letters, what is the suggested strategy given that the appeal route will have expired?

Hovite_2

bod1467 wrote: »

Lots more letters, and possibly a court claim (although I don't know how litigious C2C are).

BTW - per the Interpretations Act 1978, if something is mailed and correctly addressed, then it is deemed "served" within the normal time scales for that method of postage. (2 days for first class). Recorded delivery is not needed (but proof of posting would be needed).

Checking Storma's recent FOI information C2C haven't done court since POFA.

scamander

Hovite,

It was that car park on the right btw (not the Travelodge one).

I presume the relative can expect a flurry of letters when the deadline to pay is exceeded. If so is there a general trend for how long PPCs pursue you for before giving up?

Hovite_2

Yes, if they ignore then they can expect ever more threatening letters - they worry some people to the point that they pay or wish they had appealed and got it sorted. The problem with ignoring is that the PPC / landowner has up to six years to take court action if they like. Appealing and getting it cancelled at POPLA stops the whole process dead.

Umkomaas

This really is a no brainer. Why put up with a series of evermore threatening letters, phone calls, debt collectors, possibly solicitors, which might dry up over about 18 months, but that still leaves (in theory, but possible) a further 4.5 years for potential court action?

All this can be avoided with one simple, initial letter to the PPC and then a more detailed one to POPLA - to kill this stone dead. Both with help from here to resolve this (we have a 100% success rate with forum-assisted POPLA appeals).

Whilst C2C haven't previously done court, the PPC movement is becoming more litigious with a phenomenal increase this year in court papers being served, and your friend should know that if they are served, ignoring these will result in a default CCJ judgment affecting their credit rating. Costs will be roughly twice the size of the current PCN.

If court papers are served and your friend decides to defend, they need to be aware that formulating, and presenting at court, a winning defence, is infinitely more difficult a task than preparing a POPLA appeal.

scamander

Umkomaas,

cheers for that. I'm going to speak to my relative later about this. The letter was dated 21st October (I remember that much!) and as such there are 28 days to appeal. I'll try an convince them and then ask for support here. I'm totally in agreement with you all about this.

So I can be more convincing what would the letter to the PPC need to say? I don't have the letter the PPC sent, but I've got a rough idea of dates. I presume this would be sent in and then (assuming it's rejected) a letter to POPLA. Just to outline what happened.

1. Relative parked in car park whilst they went in to their friends to get a permit.
2. Friend had none left so relative drove out and parked in road next to car park.
3. This happened in March and in October a letter was sent to the Registered Keeper (not the driver) with a picture which showed the car parked in the public street next to car park (we can only assume they don't have an image of the vehicle parked in the car park, perhaps they were only able to scribble the details down?). All the normal bumpf about paying and legal action was present on the letter (I remember this).

So - what would I need to write in order to appeal?

cheers again for everyone's help on this.