lost in paperwork and just need it to go away

stluke023

Youi do not want to spend time in court and the legal representation of case packs
This is effort, time, money even if you won
Insist the court instruct PE to give you a POPLA code, this is now the path of least resistance

Taken from a post by schoolrunmum

Also ask the court

The Defendant respectfully requests:
Further and in the alternative, I request an Order for the claim to be stayed pending the allowance of both parties to undertake ADR in the form of a POPLA appeal, similar to Court Orders in a number of this Claimant's cases now successfully resolved by POPLA, such as in the order made by District Judge Mayor, Croydon Court, 13/09/13 (Case no. 3JD00719, ParkingEye v Mr O), and by Deputy District Judge Bridger, Southampton Court, 21/01/2014 (Case no. 3JD05448, ParkingEye v Gilmartin). POPLA place no deadline on the case being referred to them and will allow a BPA member to issue a POPLA code at any stage. The British Parking Association, which is the Trade Body for this claimant, are on record as being particularly keen for the authorities to recognise POPLA as the bespoke ADR for this industry and actively encourage cases to be referred. In the interests of saving the court's time I agree to accept the findings of POPLA in my case even though in the normal course of events their decisions are not binding on a motorist.

Coupon-mad

Taken from a post by schoolrunmum

That's me on pepipoo of course!

zetmay

thank you both I am eagerly awaiting my court papers (rather than hiding behind the sofa when the post man arrives) so that I can fire that letter off. Is it worth adding that I was happy to mediate however PE have refused this course of action or am I going over the top and the above paragraph covers it?

Coupon-mad

The paragraph about POPLA is the specific mediation you want.

stluke023

http://forums.pepipoo.com/index.php?showtopic=89764

Coupon-mad

Another success with dragging a case to POPLA thanks to a Judge Ordering it, was confirmed to me today by pm by a poster here from a few weeks ago who had not updated their thread recently. A court date had been set ahead of time in Feb, for a date in May, and yet when the poster wrote to ask, the Judge ordered POPLA and PE have cancelled the PCN without bothering with POPLA. I have asked the poster to email PE to check they have definitely discontinued the claim, just to be sure (but in any case the Judge ordered POPLA and PE have failed to facilitate that):


'Hi C-M
First of all, apologies for not getting in contact for some time, I've been waiting for some solid info to report.
Following your advice, I wrote to the court and asked them to stay for 90 days and refer the case to POPLA.
I got a reply from the court, dated xxth Feb, ordering that :
the claim shall be stayed (& the hearing for xxth May be vacated) until 4pm xxth may to enable the dispute be referred to POPLA.
In default of any request by 4pm xxth June to return the claim to the list, request a further stay, the claim shall be deemed struck out.
The dates seemed confusing to me but I rang the court and they said I needed to do nothing.
Ten weeks on and nothing from anyone, so I looked on Parking Eye website this morning, to find that the charge has been cancelled!!!
So many thanks to you for your help and advice, it is much appreciated.'

zetmay

Great hope the Judges keep this up! sounds like PE have been changing tactics a lot this last 6 months I'm sure they will find a way to plug this gap soon and I don't want to get caught in the cross over. Do I need to add this case to the request asking for mediation or are the 2 examples sufficient?

hoohoo

Add it to the request - the more the merrier because it shows that other judges are doing it too.

Up until last may not many judges will have heard a parking case. Now there is a rash of them all over the system and they all talk to one another asking what the heck has happened. It's clogging up the court system so if you find the right judge they will be more than wiling to kick it to POPLA.

RWood80

Hi Zetmay
I wondered if you would mind passing on landowner contact details for that car park please? It's the one I got a charge in and still receiving letters to the RK and not driver so I would like to make a complaint to the landowner about this harassment!!

Coupon-mad

zetmay wrote: »

Great hope the Judges keep this up! sounds like PE have been changing tactics a lot this last 6 months I'm sure they will find a way to plug this gap soon and I don't want to get caught in the cross over. Do I need to add this case to the request asking for mediation or are the 2 examples sufficient?

The case number is here:

https://forums.moneysavingexpert.com/discussion/comment/65357529#Comment_65357529

HTH