Old PCN come back to life - photos inc. Please help.

Coupon-mad

Yes it does, did you miss out an 's'? By the way please edit your first post where you have accidentally ADDED an 'S' (you put UKPS when you meant UKPC, please amend it to avoid wrong advice later on).

http://www.thesmallclaimsservice.co.uk/

They are part of LPC Law, but can't spell...

''Does another business owe your company money? Find out how easy it is to get what your owed''

groan, whatever next...maybe 'would of'?!!

Edited to add I have got in touch with zzzLazyDaisy (retired solicitor who wrote the LBCCC Fightback! sticky thread) about this and she'll hopefully pop back onto the forum next week sometime to post about this firm & letter. I gave her one of the threads linked above to look at (minniemoo's thread).

MissyS

Oh yes so it does - teading that website makes it all seem very real and official. I'd rather just go to court and let a judge sort it out once and for all!

Have edited original post too - thanks for pointing that out.

Coupon-mad

This is a rubbish letter (and a rubbish website with bad grammar and a spelling mistake or two; not sure why you think it looks official!) but do wait and see what zzzLazyDaisy says about this next week, on minniemoo's thread, as she may suggest a particular response letter. By the way, was your letter a black/white photocopy with the S missing? Everyone else got a coloured version with an S on the end of the logo at the top.

hoohoo

+1 to coupon mad.

However, you appealed and did not get a POPLA code. This is a serious offence against the code of practice for which the parking company can be sanctioned.

I suggest also complaining to the DVLA and the BPA.

aos@britishparkingassociation.co.uk

Dear BPA,
I wish to raise the following complaint about one of your AOS members. I received a parking charge notice and appealed. My appeal was rejected but I have never received a POPLA code. The parking company are now sending me debt collection letters. I understand you recently sent round a reminder to all your operators:

“the following practices may be considered as Code breaches and must not be continued:
• Failing to include a correct and/or valid POPLA Code within the Rejection correspondence"

I enclose copies of correspondence. Please ensure the appropriate action is taken for this code breach and that I either receive a POPLA code or the charge is cancelled.

foi@dvla.gsi.gov.uk

Dear DVLA,
I wish to raise the following complaint about one of the AOS members of the BPA. I received a parking charge notice and appealed. My appeal was rejected but I have never received a POPLA code. The parking company are now sending me debt collection letters. I understand that as this is a breach of the BPA code of practice this is also a breach of the KADOE contract and you can suspend access. Please therefore take the appropriate action. If you pass responsibility for enforcement to the BPA, please monitor the situation to ensure the BPA is fulfilling their responsibilities as an ATA and consider removing this status if they fail to take action.

Plus to the parking company

Dear Operator,
You have failed to provide me a POPLA code after rejecting my appeal. I have therefore reported you to the BPA and DVLA. Please either cancel the charge or provide a POPLA code. I remind you that all action on your part must be suspended until the appeal process is completed. Any further action on your part or your debt collectors will therefore be reported.

Coupon-mad

Good point hoohoo, I had missed this:

I appealed the ticket (before I found any advice on here) and the appeal was refused. I sent a cheque for £2 to cover the parking cost and letter - this was returned.

Did they send you a POPLA code with that rejection letter - if so you seriously missed a trick. If not, take hoohoo's advice above.

Coupon-mad

Another case like yours has been replied to now by retired Solicitor zzzLazyDaisy:

https://forums.moneysavingexpert.com/discussion/4870010

And did they send you a POPLA code with that rejection letter?

HTH

zzzLazyDaisy

If they did not send you a POPLA code with the rejection of your appeal, or in reply to your second letter, you should complain to BPA and DVLA as advised above.

As far as the Small Claims Solicitors are concerned, I suggest that you report them to SRA as you cannot find their name on the register of solicitors (see here) and enclose a copy of their letter (which, by the way, is not an LBC).

After that you could ignore them, unless/until you get a proper LBC, when you MUST respond if you wish to avoid court action (see the LBCCC thread on the first page of the forum).

Alternatively, you could send them a letter something like this:



Small Claims Solicitors
Address

Date

[Insert their reference number: xxxx ]

Dear Sirs

Your client: NCP

Parking Charge Number xxxxx


I refer to your letter of [insert date].

Firstly, you may wish to note that I have lodged formal complaints with the BPA and DVLA regarding your client's conduct of this matter to date. Specifically, your client is in breach of the BPA Code of Conduct as it failed to provide me with a POPLA code when dismissing my appeal, despite corresponding with me on two occasions about this matter. I suggest that you explain to your client its duty to mitigate, and its duty to use an appropriate form of ADR before starting legal proceedings, and advise it to issue a POPLA code to me without further delay in order that this dispute might be resolved without the need for court action.

Secondly, should it be your client's intention to start court proceedings, you must provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct. Your letter clearly does not meet those requirements. Please also note that a failure and/or refusal to comply with the Practice Direction will result in an immediate referral to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook version 8, published on 1st October 2013.

In the meantime, and in the absence of a letter before claim, you should place a note on your file to the effect that this charge is disputed and your firm is required to cease and desist all further contact with me. For the avoidance of doubt, the same applies to the debt collection agency, referred to in your letter.

I trust that I have made myself clear, and I suggest that you take your client's further instructions.

Yours faithfully

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