Something strange

Forensic

Something peculiar landed on the doormat today, a Letter Before Claim by a third party "collection" agency calling itself Controlaccount - they work on behalf of some of the big names.

Some moons ago my car was recorded overstaying by a few minutes at a free car park. The PPC stuck the PCN to the windscreen, then at some stage it was accidentally on purpose removed before the driver returned to the vehicle and headed off. Weeks later the PPC write to me, the keeper, I dismiss their claim on account of being a false penalty. They didn't issue a POPLA form but went straight to their Controlaccount. I then get a letter from Controlaccount stating that I need to pay the 'debt', I denied the debt and told them I refuse to speak to them as they are not the appropriate body to discuss the affair (even if they are a wing on the PPC, they are not billed as the operator and therefore they are posturing as something else). Controlaccount then sent me a photocopy of the "windscreen" ticket which I resealed and sent back; they sent other letters which again I resealed and sent back - I had told them the first time that I would discuss with the PPC or POPLA only, not some third party. Well now the third party has sent a letter before claim.

It lacks just about everything from the Practice Direction bar three things from the big list. Does Controlaccount have the right of audience? Can they still be a claimant here? I have no contract with them as such. Does the fact that I was not issued a POPLA number come down in my favour? I maintain my original representation e-mail. Or is it another big bluff?

Who knows about this?

Redx

ASSUMING that you are in E+W then you wont get a POPLA code unless you had appealed to the PPC after the NTK arrived , which you didnt

so you ran out of time to appeal to the PPC , therefore not asking for or getting a POPLA code and therefore allowing the PPC to pass on the charge to debt recovery companies

you really ignored all the procedures and potentially shot yourself in the foot by doing so

read the sticky threads about all this and about dealing with DR letters , its all up there

bear in mind that these companies are still being silly about not issuing POPLA codes , so you could complain to the BPA about it

Forensic

My letter of denial (strictly avoiding use of the word "appeal") was to the PPC. As I said, I maintain that document. It was acknowledged when they rejected it.

And besides, I haven't shot myself anywhere, they are seeking an illegal penalty for overstaying in a free car park. I can't see a judge being sympathetic towards them after some of the court cases down the years where PPCs have pushed.

Forensic

Forensic wrote: »

Weeks later the PPC write to me, the keeper,

I dismiss their claim on account of being a false penalty.

That was my way of saying I did write to them. In their reply, they rejected my representation and did not give me a POPLA number. Controlaccount letters came some considerable time after.

Redx

and if the PPC denied it then they should have issued a POPLA code, so you have grounds to complain to the the BPA about it, especially after their recent letter sent to all PPC,s about this matter and the lack of the codes being sent out on rejections

some members have had to demand these codes several times and some companies have been warned by the BPA about it too (see parking pranksters blog)

so if they are in breach of the BPA guidelines then complain to the BPA and get it quashed, no need for court then

obviously if you wish to argue your case in court you may do so, you may even win

but its your choice what you do now , ignore , pay , or complain to the BPA and get the clock reset and a POPLA code issued by the PPC and they call off the dogs too

your choice

Coupon-mad

Weeks later the PPC write to me, the keeper, I dismiss their claim on account of being a false penalty.

You didn't appeal then? That's (arguably) not an appeal at all, just a denial so no wonder you didn't get a rejection nor POPLA code.

Presumably you have now found the other thread like this, sgtbanjo's thread maybe?

Forensic

Coupon-mad wrote: »

You didn't appeal then? That's (arguably) not an appeal at all, just a denial so no wonder you didn't get a rejection nor POPLA code.

Presumably you have now found the other thread like this, sgtbanjo's thread maybe?

Hi Coupon

I did write to them, I simply didn't use the word "appeal". Technically it was still treated as one and I maintain the e-mail I sent them. Whatever terminology we use, let's just say I wrote to them contesting their claim. Much of the advice I have read warns against using the word "appeal" as doing so accedes to the authority of the operator. And of course if they did have the authority they like to make motorists think they have, their "penalties" would be enforceable.

I did get a rejection and acknowledgement, sadly I sent the damn thing back.

I should be able to retrieve it if they are serious, but the collection agency is not the so-called "creditor", so I'm not too worried about this (having read something on another thread which is identical).