District Enforcement Staffordshire Uni

fedupwithitall

Another colleague has now received court papers. She did not respond to any of the letters despite my advice but they are pursuing RK so I think she is going to argue NTK are non-compliant with schedule 4 and LBCCC non compliant with pre-action protocol.

She has not kept any of the letters etc either, talk about making life more difficult!

I'll update on what happens.

Umkomaas

fedupwithitall wrote: »

Another colleague has now received court papers. She did not respond to any of the letters despite my advice but they are pursuing RK so I think she is going to argue NTK are non-compliant with schedule 4 and LBCCC non compliant with pre-action protocol.

She has not kept any of the letters etc either, talk about making life more difficult!

I'll update on what happens.

Hope the Judge goes along with her - will make a 'first'. There's little understanding out there about the nuances of PoFA 2012!

fedupwithitall

Oh dear, doesnt sound good! Is there any point in her trying to appeal even now do you think? Maybe put in response she is prepared go to popla as preferred ADR? Think I read that may be an option on a different thread.

Umkomaas

There's every reason to try to resolve this before court. The more effort made, the more a Judge will see that attempts have been made, which will save the court's time if the bespoke ADR is utilised.

Whether DE will play ball is another matter, but at least the attempt will be 'on record'.

Coupon-mad

fedupwithitall wrote: »

Oh dear, doesnt sound good! Is there any point in her trying to appeal even now do you think? Maybe put in response she is prepared go to popla as preferred ADR? Think I read that may be an option on a different thread.

They'll laugh at that - she can't 'appeal' as such, it's pointless to just 'appeal' now as it's too late. Here's what to do first in terms of the registered keeper asking for further particulars (and yes the first post was similar to your friend's case but the poster has deleted the words to stay more anonymous):

http://forums.pepipoo.com/index.php?showtopic=90625

So as per emanresu's advice in post #2 there, first step so the keeper can review their 'evidence' and legal standing would be a 'Part 18 request' sent from the keeper to Gladstones. The keeper needs to see all photos, signage evidence and copies of all tickets/letters they allege were served plus a copy of the contract with the Uni since DE are not the landowner.

And acknowledge the claim asap of course stating the keeper will defend in full.

As well as that your friend should join this forum or pepipoo (or both) and could send me a pm and I can share some DE defence words I have stored from a defence I helped someone with the other week. But I will only help a poster once they have read up on it as I have a job, husband & 4 kids and can't write a defence pointlessly for someone if they don't understand it or the fact they will need to face DE in court who can be (let's say) intimidating...allegedly. But hey, ho, the whole point of the hearing is to bring it all into the open to either win or lose - and if it's the latter they cannot claim that extra £50 they sneakily added to each PCN, as under the POFA 2012 the keeper can only be potentially liable for the 'parking charge'. Not inflated admin fees and extras.

The friend should start by reading post #5 (ONLY POST #5!) of the NEWBIES thread, all links there for starters. This is not about saying there was no loss or anything as easy as that. But I do have defence wording that covers all the bases I could find and post #5 of the NEWBIES thread includes stuff like bargepole's explanation of what boxes to tick on the court forms and what happens when.

fedupwithitall

Update: Received letter from POPLA stating they will not register my appeal because DE no longer a member of the BPA. Since the new IAS refuse to register appeals against any PCNs issued before membership of the new ATA (IPC) and quite rightly in my view, where on earth does that leave me and everyone elsei n the same boat as me?!

I'm intending to email to request the Lead Adjudicator review the decision not to deal with the appeal and am also thinking of a complaint to the DVLA since they got my details by virtue of membership of the BPA but any other suggestions/help would be much appreciated.

Dee140157

Whilst I would not wish a court case on you, this would be an interesting one before a judge as you are being denied any right of appeal. Could be interesting. But as for advice , sorry I have no idea.

Coupon-mad

I have sent you a pm again, I am wondering if POPLA have been leaned on or are simply incompetent and have deleted the AOS member's number from their system too prematurely.

fedupwithitall

Trying to pm you with dropbox link to final complaint to lead adjudicator, DE SAR, and further info but your inbox full!

Dee140157

Obviously things going on behind the scenes here, but for anyone reading this thread parking prankster has blogged:

http://parking-prankster.blogspot.co.uk/2014/06/appeals-system-mess.html