Parking fine on private land

bazster

RoboCliff wrote: »

Hello again...I'm back.

After having written to Excel Parking and asking for a POPLA code and they refused and told me to deal with Roxburghe who wrote to me once making their demands for money, I heard nothing for weeks on end....this has dragged on now since last year, I have today received a letter from Gladstones 'solicitors' asking me to contact Roxburghe to "confirm my proposals in respect of this parking charge".

This is what I intend to do;
1. Write to Roxburghe denying any debt and reminding them I tried to appeal given POPLA do not put a time limit on when a person can appeal.

2. Write to Gladstones informing them of them same.

My question is does this sound like a good way to go about things?

Thanks

I think anyone who is asked by "Gladstone's" to contact Poxburghe should write to Gladstone's demanding know who instructed them.

RoboCliff

Redx wrote: »

it sounds reasonable to me, BUT I cannot understand people`s reticence in complaining to the BPA

its only an email and attach scans or docs of all correspondence , so not much work and the only way we may get the BPA to sort out their own members and problems

its certainly more important than writing to debt collectors !

edit

having re-read this thread it appears the OP was "out of time" in appealing this which will be why no popla code was issued, also why its with the debt collectors and why the debt collectors keep sending him letters

so its the debt collector letter chain due to ignoring the original pcn and appealing it after the 28 day windows has lapsed

so I fail to see any grounds he can appeal to the BPA on , unless I am missing something ?

No you're not missing anything, I initially didn't respond on the back of old advice, prior to discovering this forum, my oversight, but I thought it better to try to correspond anyway than just leave things to fester.

Following advice on here I began to write to Excel etc, and having learned that POPLA don't place time limits on when appeals can be made I thought it worth my while.

I really don't want to end up in court over this, I can ill afford to.

RoboCliff

bazster wrote: »

I think anyone who is asked by "Gladstone's" to contact Poxburghe should write to Gladstone's demanding know who instructed them.

I intend to write to them too, to inform them that i have corresponded to Excel and Roxburghe and to refer it back to them. I will write to the BPA also, however I don't have facility to scan documents...will this be an issue do you know?

Thanks again.

Redx

if you do write to the BPA, (its better to email them and add scanned copies of documents) , WHAT GROUNDS are you writing on ?

I dont see that you have any grounds at all to contact the BPA, due to the fact they will back Excel saying you did not appeal within the time frame allowed ( 28 days from the pcn )

if you do have grounds and actually write (using snail mail) you still need copies of paperwork, even if its photocopies

far better to get a relative or friend to scan these documents for you and put them onto usb stick, then use email

use the correct tools to do a job is the bets option (ie you can hammer in a nail using a brick, but better to use a hammer)

I just feel the BPA will fob you off due to the fact you did not appeal in time , so the BPA wont deal with it other than using a template rejection letter

what you can or cannot do is beyond your control (unless you paid the alleged debt)

the point here is that all these debt collector letters are threats of pay up or we may take you to court

so either you do one, or the other , but the middle ground will happen if you try to steer the court towards popla for ADR (as indicated in the newbies thread), but you need an mcol first

ie:- you cannot make them use popla , only a judge can order that now , unless they were silly enough to issue the popla code and abide by it , but I have more chance of winning tonights lottery than for that to happen

in my opinion you have sent them letters already , so await an LBC or an MCOL , then deal with it

Coupon-mad

Why not just search the forum for 'Roxburghe Gladstones' to read the umpteen times in the last fortnight these letters have been discussed?

RoboCliff

Coupon-mad wrote: »

Why not just search the forum for 'Roxburghe Gladstones' to read the umpteen times in the last fortnight these letters have been discussed?

I have been reading other posts, and I am still looking throughout the sticky threads when i get chance to see what to do next.

It would seem I literally just have to wait and see if they decide to take me to court over this...where judging by what I'm reading on my thread I have little chance of winning based on my circumstances as I did not appeal in time. If this is going to be the case am I going to have a CCJ against my name?

Umkomaas

You seem to have missed the following facts in your reading:

1. A debt collector cannot take you to court
2. Only the PPC or landowner can do that
3. If you go to court there's plenty of help here/PePiPoo to create a strong defence
4. Should you lose
5. Should the Judge award costs against you
6. Should you fail, refuse or forget to pay those costs within 28 days of the judgment

It's at that point your credit file is qualified with a note of an unsatisfied CCJ.

Guys_Dad

I am amazed at how many people don't have the knowledge about when CCJs can be registered (as such) and panic about losing a court case for that reason.

Now that is something that should be incorporated into children's education and be part of a GCSE in "Basic Rights and Responsibilities" or similar.

Umkomaas

Now that is something that should be incorporated into children's education and be part of a GCSE in "Basic Rights and Responsibilities" or similar.

No room in the curriculum - too many meejah study classes.

Redx

RoboCliff wrote: »

I have been reading other posts, and I am still looking throughout the sticky threads when i get chance to see what to do next.

It would seem I literally just have to wait and see if they decide to take me to court over this...where judging by what I'm reading on my thread I have little chance of winning based on my circumstances as I did not appeal in time. If this is going to be the case am I going to have a CCJ against my name?

apart from the excellent advice given in post #48 (as well as many other posts including my own posts) , you have not stopped to think about what has been said if court papers were received

ie:- that in the pre-court appearance stage (the paperwork stage) you can try to get the judge to allow an ADR by POPLA, in which case you DO get your chance to go to popla for a decision (this is also explained by coupon-mad in the newbies thread) as the PPC have to then issue a popla code to you , they have no choice as the judge has directed them to do so (or they could drop the case)

I told you this in post #45 but you have clearly not absorbed that information at all

but the middle ground will happen if you try to steer the court towards popla for ADR (as indicated in the newbies thread), but you need an mcol first

ie:- you cannot make them use popla , only a judge can order that now

not only that, IF the judge decided it was going to an actual face to face hearing you still get the chance to present your full case to that judge and would use the same legal arguments you would use for popla, PLUS any mitigating circumstances as well (or the PPC could drop the case)

so the fact you did not appeal in the first place has only harmed you in so far as where you are now, trying to force it back to popla , which quite a few cases have tried and succeeded in doing because the last thing any judge wants is a full blown case in his court when a different ADR could apply (like popla)