Parking charge at Two Saints Car Park in Ormskirk

trisontana

I think you may have misunderstood POPLA about paying. This is down to their badly worded letter which says "to avoid further action by the parking company should pay up". That is wrong. POPLA decisions are NOT binding on the motorist and it's up to you what you do next.

Redx

he hasnt had a popla decision because the popla appeal did not reach them within the 28 days limit imposed by the reference number

it was posted within the 28 days at the latter end but not received in time, hence its been stopped from getting a decision

I dont think you can appeal this lateness unless you have a really valid reason like bereavement etc

it should have been posted earlier or better still posted online

from their website

We must receive your appeal within 28 days from the date of the operator’s notice of rejection. The date the operator sent the rejection to you will be on the appeal form.

In very limited circumstances, the Assessor may be able to extend the 28 day time limit. If you are submitting your appeal late you must state fully and clearly the reasons for the delay, enclosing any evidence for this, including a copy of the operator’s rejection and any envelope if you received by post, so that the Assessor can decide whether the appeal can be still be considered.

Half_way

If you can find who owns the site then it should be possible to send a complaint letter to them telling them that they must instruct their agents ( parking eye ) to cancel the parking charge.

Coupon-mad

Oh no - why did you POST it? Could have done it online! You do realise PE are the most litigious PPC and you will now need to read up on court defences and not miss the boat that time. If you cannot knock this into touch by complaining now, you will have to defend a small claim.

That said - there is NO REASON to just pay. Small claims can be won and many never end up in a hearing - and you are NOT there yet so respond robustly! So you have now got a LBCCC from PE - so obviously read the sticky threads by Crabman which includes a link to the 'LBCCC Fightback' thread for this exact stage.

Start being proactive in time - respond to PE robustly and complain to the Store Management or landowner right now (no delaying). Every situation is covered already in the sticky threads at the top so read and learn and act in time, and with letters based on the advice in the stickies.

Come on you can't pay them £100 for 11 minutes - get complaining and responding!! AND NOT to the Council!

emzy789

I have responded to PE within 14 days with the following letter:

Parking Eye Ltd
Legal Department

Parking Eye Limited
PO Box 565
Chorley
PR6 6HT

for the personal attention of Rachel Ledson (Supervising Solicitor)

Dear Ms Ledson

Parking Eye Ltd v xxxxxxxxxxxxxxx
Proposed Legal Proceedings

Thank you for your letter of xxxxx, in relation to the Parking Charge Notice re: xxxxxxxxxxx at Two Saints Retail Park.

First, the alleged debt is disputed and any court proceedings will be vigorously defended.

Secondly, despite the wholly inaccurate statement that the letter is 'fully compliant with the Practice Direction' it is in fact defective and appears to be a deliberate attempt to mislead the recipient.

Please therefore provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct:


(web page link)

I assume that since your letter before county court claim refers me to the Practice Direction, you obviously know what is required and I expect you to comply with their obligations.

I am concerned about the fact that I, as an unrepresented person with no legal training, am having to explain to you what the Practice Direction requires from you. I would like an explanation from yourself as to how you could have made such a fundamentally misleading mistake.



I confirm that I shall then seek advice and submit a formal Response within 30 days of receipt, as required by the Practice Direction.

I do not accept that your Company is unable to use the POPLA service as I believe that it makes sense to comply with the Practice Direction’s requirement to refer this matter to POPLA, which is the appropriate for of Alternative Dispute Resolution for parking disputes.

Please ensure that someone does actually read and respond to this letter, providing the specific information relating to the county court claim that your client intends to make against myself as the defendant to the proposed legal proceedings. Please DO NOT send a generic FAQ letter in reply as to do so does not meet the requirements of the Practice Direction and will take this matter no further forward.

Please note, a 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.

I trust this will not be necessary, and look forward to receiving a fully compliant letter before claim in due course.

Yours faithfully



xxxxxxx

They have since responded with the following:

Thank you for your correspondence in relation to the parking charge incurred on xxxxxxx

We recently sent you a letter before county court claim informing you that the above parking charge remains outstanding and has now been processed for further action. This is because you have not appealed to POPLA within 28 days of your appeal being rejected or paid the parking charge in full and you are now unable to appeal to POPLA.

ParkingEye is prepared to pursue this matter through County Court if necessary. Should court proceedings be issued, further costs incurred by ParkingEye will be added. These will include the cost of issuing the court claim and out solicitor’s fees. Please find details of how to make payment below.

Yours faithfully

ParkingEye Legal Dept.


Is this a normal response? What is the best response to this letter as it has completely ignored what I have asked them for.

Help will be greatly appreciated.

spacey2012

What day was the popla posted and did you obtain a certificate of postage ?

On this pre-direction line.
It was well written, however not once has it stopped parking eye and not once has it prevented a case from been heard.

Send parking Eye a letter offering to have the dispute dealt with by alternative Dispute resolution.
Obtain certificate of postage.

The BPA "rules" rule this out at this stage but the law does not and if the offer is rejected by the plaintiff you can request the judge orders them to take up ADR.

You should also complain to POPLA who appear to think they are part of the BPA that the appeal was posted in time and documents are regarded as served one working day from postmark.

They will ignore you so you can then take this matter up with the local government ombudsman.

emzy789

I didn't receive a certificate of postage no. It was posted 21/02/14 first class and the letter I have received is dated 04.03.2014. Which is a long enough period to have received before the response.

Coupon-mad

So you posted it too late then - and on a Friday as well, oh dear - which wasn't going to show as received at POPLA until Monday 24th Feb at the earliest? Was the POPLA code generated in the last week in January? You could have avoided all this by copying & pasting it online to POPLA much earlier when you were at your PC anyway. No need for any form or letter or posting.

What was the POPLA code date (check the POPLA code checker on the NEWBIES thread, post #3 ). It may be worth a complaint to POPLA to reconsider chucking it out, if you reckon you posted it in time.

And the next response to that letter is shown on the LBCCC fightback thread - I would suggest an adapted version of the response I linked on the LBCCC sticky but you would have to remove the 'refer it to POPLA' request because that's been wasted already. You MUST keep responding to PE, don't let any reply go unacknowledged and formally responded to.

By the way, any chance that the driver was NOT the same person as the keeper...? Read the NEWBIES sticky about rewinding the clock if so...

emzy789

Can you both please re-read post 16.
I was too late with my appeal to popla so I sent the letter in post 16 to PE.
I was within the time with this letter yet they have replied without even acknowledging my letter?!?!?

IamNotAllowedToUseMyName

You could reply saying it is within their gift to allow the late POPLA appeal which you mistakenly believed was sent within time limit. Point out that this would be preferable to wasting the court's time, and that you are aware of the difficulties that PE have had in court.

In the plain English of the small claims court you should have no difficulty winning with the same arguments that win at POPLA it is just harder work and there is a risk that you get a judge who is unfamiliar with the problem and mistakenly believe PE are being honest with the court. PE may fold at the sight of a well written defence.