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Refused a POPLA from DRP, what now?
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stuey72
Posts: 3 Newbie
Hi,
Firstly a bit of background.
Received a fine from UKPC dated 02/02/2014
Ignored all the letters from UKPC until a one from DRP demanding £160 or UKPC will be seeking legal advice from a solicitor.
Sent a letter ( one of the template ones off this site asking them to refer me back to UKPC & to tell DRP to stop hassling me ) out on 04/04/2014 to DRP and a further letter to UKPC to contest and ask for a POPLA.
Here is DRP's reply word for word:
Dear stuey72
Internet Templates
I must stress that simply sending in standard template responses, most likely obtained from the internet, will not resolve the matter. In addition, I would recommend that professional legal advice be sought on this matter as an alternative.
About your parking charge
Thank you for your recent communication regarding the above Parking Charge Notice (PCN).
As per the British Parking Association;s (BPA) Code of Practice, Point 22.7, the driver/keeper/hirer was allowed 28 days from the date the PCN was issued and/or 28 days from the date the Notice to Keeper was sent to challenge the PCN. The time to challenge the charge has now expired and therefore access to the Indepandant Appeals Service (POPLA) is no longer available.
However, in order to resolve this matter, I will offer the following comments as to why this PCN was correctly issued and is still payable.
My Findings
There are clear and sufficient signs at the site in question, warning drivers that a PCN may be issued if they leave their vehicle unattended at the site without the permission of the landowner. The site warden records the registration number of all vehicles that are left unattended at the site.
What you need to do now
Please pay £160 by 30th April 2014. ( explains how to pay)
What will happen if you do not pay what you owe
If you do not pay the amount by the date shown above, I will pass your case to our legal team, who will consider taking legal action to recover what is due.
What if you do not agree
Although any correspondence that does not provide further evidence will be noted and retained, I cannot guarantee that we will reply to it.
More Information
This parking charge has been issued under the terms of the Protection of Freedoms Act 2012. To comply with that act, we may need to write to you at specified times until the account is settled.
Yours Sincerely.
So there we have it. Where do I go from here with this, to say that I am stressed out is an understatement. :sad:
Any help or advice would be greatly appreciated. I'm contemplating using my unions free legal advice solicitors as well.
Thanks in advance
Stuey
Firstly a bit of background.
Received a fine from UKPC dated 02/02/2014
Ignored all the letters from UKPC until a one from DRP demanding £160 or UKPC will be seeking legal advice from a solicitor.
Sent a letter ( one of the template ones off this site asking them to refer me back to UKPC & to tell DRP to stop hassling me ) out on 04/04/2014 to DRP and a further letter to UKPC to contest and ask for a POPLA.
Here is DRP's reply word for word:
Dear stuey72
Internet Templates
I must stress that simply sending in standard template responses, most likely obtained from the internet, will not resolve the matter. In addition, I would recommend that professional legal advice be sought on this matter as an alternative.
About your parking charge
Thank you for your recent communication regarding the above Parking Charge Notice (PCN).
As per the British Parking Association;s (BPA) Code of Practice, Point 22.7, the driver/keeper/hirer was allowed 28 days from the date the PCN was issued and/or 28 days from the date the Notice to Keeper was sent to challenge the PCN. The time to challenge the charge has now expired and therefore access to the Indepandant Appeals Service (POPLA) is no longer available.
However, in order to resolve this matter, I will offer the following comments as to why this PCN was correctly issued and is still payable.
My Findings
There are clear and sufficient signs at the site in question, warning drivers that a PCN may be issued if they leave their vehicle unattended at the site without the permission of the landowner. The site warden records the registration number of all vehicles that are left unattended at the site.
What you need to do now
Please pay £160 by 30th April 2014. ( explains how to pay)
What will happen if you do not pay what you owe
If you do not pay the amount by the date shown above, I will pass your case to our legal team, who will consider taking legal action to recover what is due.
What if you do not agree
Although any correspondence that does not provide further evidence will be noted and retained, I cannot guarantee that we will reply to it.
More Information
This parking charge has been issued under the terms of the Protection of Freedoms Act 2012. To comply with that act, we may need to write to you at specified times until the account is settled.
Yours Sincerely.
So there we have it. Where do I go from here with this, to say that I am stressed out is an understatement. :sad:
Any help or advice would be greatly appreciated. I'm contemplating using my unions free legal advice solicitors as well.
Thanks in advance
Stuey
0
Comments
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You're at ignore stage - I guess you stay there.
DRP cannot take you to court. UKPC in theory can, but have not taken anyone to court yet.0 -
Dear DRP,
This debt is denied and as such you have to pass it back to your client. No further correspondence will be entered into. Should you send any further letters then not only will you be wasting your own money but you will be held liable for harassment for which you may face legal action.
Regards,
Print Name ( don't sign )"The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis." - Dante Alighieri0 -
Dear DRP,
This debt is denied and as such you have to pass it back to your client. No further correspondence will be entered into. Should you send any further letters then not only will you be wasting your own money but you will be held liable for harassment for which you may face legal action.
Regards,
Print Name ( don't sign )
That was what I sent out to DRP. Seems like they ignore these letters!0 -
Report them to the OFT, they will only put them on file until they mount up to an Elephant like Poxbrough did.
Then they have to do something.Be happy...;)0 -
That was what I sent out to DRP. Seems like they ignore these letters!
Ignore them then. DRP can't take you to court and UKPC don't do court.
That said, any letter you get just write across it in big red letters - DEBT DENIED - and send it back in the same envelope but with no stamp."The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis." - Dante Alighieri0 -
Their "legal team" is Ethel the tea lady and Enid the cleaner doing a bit of moonlighting.
Maybe their "legal team" should explain to the keyboard operator the difference in collecting debts you own, and collecting third party debts.0 -
This is all you really need to consider:
What will happen if you do not pay what you owe
If you do not pay the amount by the date shown above, I will pass your case to our legal team, who will consider taking legal action to recover what is due, and realise we can't!
We will then pretend to be Zenith Collections and make you a reduced offer to try to at least con something out of you!
0 -
For those who worry, this is the downside of the Ostrich approach to getting parking charge letters.
If you deal with them as per the Newbies thread by coupon-mad, then the problem disappear at POPLA. If you miss that, then you either get hassled by Debt collectors, solicitors (toothless) and may get a Northampton court summons/LBCC.
Not necessarily of help to this OP - who is lucky with the PPC involved - but a warning to others who may be reading.0 -
Those letters are a joke as are his findingsProud to be a member of the Anti Enforcement Hobbyist Gang.:D:T0
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Thanks all.
I take it if it gets to court summons/LBCC then options are very limited?0
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