Parking Charge Notice – 'Appeal' Letter

Coupon-mad

I think send it online as you know it can't have been lost. No need to post as well.

Spring_Heeled_Jack

Resident at my former address (I've recently moved) has informed me this morning that a letter has arrived addressed to me from PO Box 933, Northampton, NN1 9DX with 'Important – Documents Enclosed' written on it.

Quick search tells me that this is the address of Newlyn Bailiffs.

The case is with POPLA now, who have told me that they will let me know their decision by the 14th July. Should I be worried about this letter from Newlyn? Will I now have to pay extra costs to Excel if I lose my POPLA appeal?

To go and pick it the letter before the weekend would be going out of my way, but obviously if I need to read it and take immediate action I'll go and get it after work this evening.

Any thoughts/advice would be greatly appreciated. Thanks.

Redx

you get it , you read it, you then complain to the BPA about being harassed by debt collectors whilst a popla appeal is in progress

simple as that

you then keep ignoring the debt collectors (this is all covered in the newbies thread so surprised you asked)

Spring_Heeled_Jack

Redx wrote: »

you get it , you read it, you then complain to the BPA about being harassed by debt collectors whilst a popla appeal is in progress

simple as that

you then keep ignoring the debt collectors (this is all covered in the newbies thread so surprised you asked)

Ah right, sorry I was a bit flustered when I heard about the letter (thinking it was from bailiffs), didn't think to go back to the Newbies thread for clarification. Have now read that post, thank you for taking the time to reply to the one above anyway.

The end is in sight now, thankfully.

Umkomaas

Spring_Heeled_Jack wrote: »

Ah right, sorry I was a bit flustered when I heard about the letter (thinking it was from bailiffs), didn't think to go back to the Newbies thread for clarification. Have now read that post, thank you for taking the time to reply to the one above anyway.

The end is in sight now, thankfully.

You will only ever see bailiffs if your case has gone to court, you lose, there are costs awarded against you, you fail or refuse to pay within 28 days, and the claimant applies for and gains a warrant for execution from the county court.

Short of that, you won't be seeing any bailiffs.

Spring_Heeled_Jack

Happy to say that I got my POPLA decision this afternoon from assessor Shehla Pirwany: "The Assessor has considered the evidence of both parties and has determined that the appeal be allowed."

Beyond chuffed with this, I can't thank you guys enough. It's been 6 hard months of having to deal with Excel messing about, but in the end they've got exactly what they deserved: £0.

"Where the charge represents damages, the amount of the charge is required to be compensatory rather than punitive; with the goal of placing the parties in the position they would have been in, had the contract been performed. In this case, the primary purpose of the charge is to prevent vehicles from parking without clearly displaying a valid pay and display ticket. This is to deter a breach of the terms and conditions and I am consequently not satisfied that the charge can be commercially justified. The Operator has not demonstrated that the charge is a genuine pre estimate of loss or commercially justified and I therefore have no evidence before me to refute the Appellant’s submission that the charge does not amount to a genuine pre estimate of loss. As a result, I need not decide any other issues raised by the Appellant.

Accordingly, this appeal must be allowed."

I'm happy to share whatever I can with you guys (the rest of the POPLA assessor's decision letter, the evidence that Excel submitted to POPLA, letters from the BPA and DVLA following my complaints to them, etc.) if it's useful for you and doesn't break any POPLA rules.

Thanks again! :j

Redx

well done

you can copy and paste the info plus assessor name here https://forums.moneysavingexpert.com/discussion/4488337

minus any personal info

I doubt we need to see the excel evidence pack though

if the debt collectors contact you , complain to the BPA and DVLA and anyone else you need to

Spring_Heeled_Jack

Redx wrote: »

well done

you can copy and paste the info plus assessor name here https://forums.moneysavingexpert.com/discussion/4488337

minus any personal info

I doubt we need to see the excel evidence pack though

if the debt collectors contact you , complain to the BPA and DVLA and anyone else you need to

I will gladly do that. The only interesting thing I found in the Excel evidence pack was something called a 'Liability Statement' which stated "He confirmed in his appeal to Excel Parking Services Ltd that he was driving the vehicle on the day in question and as such, the appellant confirmed that he was liable for breaching the parking contract."

I didn't once accept driver liability, so that's just a flat out lie from Excel (at least as I see it, maybe you can tell me why I'm wrong here).

Have a feeling the debt collectors will still contact me, I think I may complain to the BPA and DVLA even if they don't though, as the debt was passed onto them before the POPLA decision. Twist the knife, so to speak.

ColliesCarer

Spring_Heeled_Jack wrote: »

Beyond chuffed with this, I can't thank you guys enough. It's been 6 hard months of having to deal with Excel messing about, but in the end they've got exactly what they deserved: £0.

They actually got £0 minus (£27 + vat)

Coupon-mad

I didn't once accept driver liability, so that's just a flat out lie from Excel (at least as I see it, maybe you can tell me why I'm wrong here).

You are not wrong - if you didn't ever say who was driving then they are not being truthful. So what's new this is PPC World and anything goes for their own profit - nasty bottom feeders the lot of them! MPs have been on Excel's case:

http://www.bbc.co.uk/blogs/legacy/x-ray/2012/02/mp-pursues-parking-problems.shtml

and Martin Cutts blogged about him after beating Excel in Court:

http://www.manchestereveningnews.co.uk/news/greater-manchester-news/motorist-wins-18-month-ticket-battle-870812

http://s3-eu-west-1.amazonaws.com/plcdev/files/126/original/DVLA-BPA-Cutts22Apr2012_1b_mf.pdf

and the best part was, Martin Cutts even made a speech about Excel in front of BPA members at the Parking Review Enforcement Summit in 2012, LOL, they invited him by mistake!

http://www.honestjohn.co.uk/forum/post/?t=96817

http://s3-eu-west-1.amazonaws.com/plcdev/files/138/original/CuttsTalk10July2012copy.pdf

but still Simon Renshaw-Smith grins on:

http://www.dailymail.co.uk/news/article-542355/Judge-quashes-300-parking-fine--set-frighten-intimidate-driver.html

he's a bit greyer now though:

https://www.transportxtra.com/magazines/parking_review/news/?ID=38405

but rich as heck, owns horses which compete in the Horse of the Year Show, all because he started out as Captain Clampit, ripping off drivers. What goes around comes around in the end, and it will with any luck.