Legal Action Pending

wap_2

Please can anyone help me?
I have taken advice on these forums and sent off a soft appeal and asked for a POPLA code.
I sent the appeal off well within the appeal deadline - approximately 2 weeks before the deadline. Stupidly , I failed to get a certificate of posting.
Today , I have received a letter stating " Legal Action Pending" although I sent off my appeal well within the deadline.
Does anyone have any advice for me please.
Many thanks

Hot_Bring

Much more detail required - PPC ? Dates ? Place ?

Redx

send it again with proof of posting to the PPC and put on it that this is the second time you have sent it and put the date as when you first sent it , telling them they have lost it

dont mention proof of posting etc, just reiterate you sent it within the deadline and here is another copy for their records , again requesting a popla code

Big_Bad_Dad

wap wrote: »

I sent the appeal off well within the appeal deadline - approximately 2 weeks before the deadline. Stupidly , I failed to get a certificate of posting.

Hello Wap

Generally speaking, when you challenge a parking charge, you don't have to request a POPLA form. Soft or hard, your aim is still for the parking company is cancel its demand. The problem is that their constant rejections of their targets' representations has become commonplace and it is assumed that one should seek a POPLA code with the first letter to the company.

It is their job, and if they don't know that, it's their problem.

Coupon-mad

wap wrote: »

Please can anyone help me?
I have taken advice on these forums and sent off a soft appeal and asked for a POPLA code.
I sent the appeal off well within the appeal deadline - approximately 2 weeks before the deadline. Stupidly , I failed to get a certificate of posting.
Today , I have received a letter stating " Legal Action Pending" although I sent off my appeal well within the deadline.
Does anyone have any advice for me please.
Many thanks

Same as here:

https://forums.moneysavingexpert.com/discussion/4860841

and here:

https://forums.moneysavingexpert.com/discussion/4812160

Happens so often, easy to search the forum and find how to email a complaint to the BPA to kick-start the POPLA appeal. As long as you only appealed as registered keeper to the first postal NTK, same as all the other threads where people have to jump through a hoop or two to force a POPLA code out of a PPC.

spacey2012

Think we need the guide updating a bit to take in to account non compliance with POFA by parking companies.
With a date line calculator, points about certificates of postage and a final served legal notice of discharge of keeper liability if they fail to adhere to POFA.

They are setting the game at the moment, time to get the rule book back out.

Coupon-mad

I'm trying to avoid making the 'newbies' sticky thread much longer but if you would like to start a summary thread as you describe, I would be happy to link it there!

But I do tend to 'push' people to pursue that POPLA code, rather than let a deadline 'time out' which doesn't help them when the debt collector letters arrive and they panic that they are the first person in the World to get a Debt Recovery Plus threatogram template. And neither does it help them if the PPC are litigious and the keeper was also the driver, meaning non compliance with POFA2012 is neither here nor there and the driver/keeper ends up having to defend a court case months down the line (knowing they were the driver and they can't lie to a judge).

I say shake the tree a bit now, for a POPLA code, which we know do get issued when Steve Clark at the BPA has a word. For the sake of an email or two it's worth it.

4consumerrights

@WAP - it would have been better if you posted on your original thread:

https://forums.moneysavingexpert.com/discussion/4842775

You really need to make an official complaint to the BPA and DVLA about this and I would copy in CP Plus the following:

Reg No:
PCN No:

Dear Sirs,

As registered keeper of the above vehicle, I acknoweledge receipt of your latest letter dated xxxxx informing me of pending legal action.

However, I would remind you of my appeal letter to you dated xxxx, in which I requested that the parking charge either be cancelled or that you supply a POPLA code has not been responded to yet; a copy of this letter is attached for your further perusal.

As you are no doubt aware this is in fact a very serious breach of your code of practice to continue to demand payment when the appeals process has been invoked. I have therefore no alternative but to make an official complaint to the BPA and DVLA in respect of this matter.

In view of this, I invite you the opportunity to cancel this charge by return of post to save any further embarassment or issue a POPLA code.

My basis for POPLA appeal will include additional points for consideration, including no contract formed due to inadequate signage and unfair contract terms, no valid contract with landowner to pursue charges through the court and the parking charge being an unforceable penalty as it does not reflect a genuine pre-estimate of loss.

However should you fail to cancel this charge now and insist upon taking the matter further I must inform you that I may claim my expenses from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

Yours faithfully

squiggle
RK

wap_2

Many thanks everyone

I took Redx advice and resent the original appeal with a letter advising that this was the second time i was posting it.

I have also emailed the BPA with a complaint.

I was not the driver of the vehicle.

Yes, I should have posted on my original post. Am new here so a bit unfamiliar with how it all works.
Thanks again everyone