Parking Eye "LETTER BEFORE COUNTY COURT CLAIM" with new reference to CPR 17.1

Stroma

It looks OK to me, though others with more experience in sending out replies to LBCCC letters will probably have something to say. I picked up something at the end

These two points would make up the grounds for my appeal to POLA.

Should be Popla

castle347

hey thanks for spotting the typo, I'll amend the letter. Will wait to see if others reply.
thanks again
castle347

Stroma

Yes and also remove the xxxxxx at the end, it may get PE employees excited lol

Coupon-mad

Looks good to me. PE can't say you 'didn't appeal' now, and you've made your points. It may well go to small claims but we have suggested wording to send to the Judge before any Hearing, which has resulted so far in one UKCPS case going to POPLA instead - as well as the 3 PE cases we've heard about so far. You are basically laying the groundwork at this stage - if they proceed.

castle347

Hello all, thanks a lot for your comments and support - will send the letter off today and post again on this thread if/when I receive a reply.
Cheers again
Castle347

castle347

Hello all

I've now received a reply from Parking Eye. I've been on holiday for 2 weeks so whilst they sent it on the 30th May, I've just now seen it.

Here is the letter in full:

Dear xxxx

Re: ParkingEye-v-xxxx

We acknowledge receipt of your letter dated 6 May 2014 and note your concerns relating to the Pre-Action Protocol and query regarding the use of POPLA as Alternative Dispute Resolution.

We are confident that the Letter Before Action issued to you on 26 April 2014 is compliant with the requirements of Annex A, Paragraph 2 of the Practice Direction on Pre-Action Conduct. We regularly review our standard Letter Before Action template to ensure continuous compliance with all necessary requirements, and our standard Letter Before Action template was most recently checked, for compliance with the Practice Direction referred, on 31 March 2014. The reviewed format has been issued since 1 April 2014.

Unfortunately, POPLA would not be a suitable method for alternate dispute resolution at this stage.

The opportunity to appeal to POPLA is only available once a motorist has first made their representations to the operator who issued the Parking Charge, and has had those representations rejected. The Parking Charge Notices issued by ParkingEye notify motorists of their opportunity to appeal their Parking Charge to ParkingEye within 28 days, should they feel they have just cause to do so. The British Parking Association has confirmed at clause 22.7 of the Code of Practice that 28 days to appeal from the issue of the Parking Charge is a reasonable time limit. If ParkingEye rejects an appeal, the motorist is then given the opportunity to appeal to POPLA.

As POPLA is an independent body, it sets its own policies which the industry are asked to abide by. POPLA is a secondary means of resolution designed to review the decisions made by the operator after a motorist has made an initial appeal. Therefore, it is necessary for Parking Eye to have the opportunity to consider an appeal before a case is referred to POPLA. ParkingEye upholds over 55% of appeals, and so it is reasonable for ParkingEye to review and actively decide on the merits of an appeal before further costs are incurred in a POPLA appeal.

Given the purpose for which POPLA has been established and its procedures, its use as an ADR vehicle in these circumstances is not available unless extraordinary circumstances are involved. Unfortunately, ParkingEye do not determine what may be considered extraordinary circumstances. Hence, we are not in a position to offer the services of POPLA outside of its normal processes, without leave of the court or of POPLA to do so.

If you still have any concerns, I would be grateful, if you could identify any specific area you feel has not been addressed. Please be advised that any issued [sic] relating to the Parking Charge and the nature of the proposed proceedings will be dealt with by our enforcement team separately.

Yours sincerely
xxxxxx xxxxxxx
ParkingEye Limited

few questions:

1. do i need to even reply to this? it's not from the enforcement team...
2. If i do, is it OK to send an acknowledgement saying I disagree with what she says, on both issues (letter not conforming to practice direction rules, POPLA).
3. Is there a time limit? Is it OK if I send the acknowledgement by normal post tomorrow, as long as I get a receipt? that will be within 14 days. Or do I need to send it next day to ensure it arrives quick?

thanks in advance for any help on this!

castle347

ColliesCarer

Yes respond - you need to keep the correspondence going as advised by zzzLazyDaisy in post #8 of this thread.

So re-read zzLazyDaisy's LBCCC fightback thread and continue following the advice in it for the next stage, which I believe is a more detailed letter highlighting in what way their LBCCC was not compliant with practice directions.

Post up you response for comment before sending

Who is the letter from btw? Their legal dept?

castle347

the letter is from Rachel Ledson - does not say anything else about department or anything. Right I'll try to post letter for preview asap. thanks for replying.

ColliesCarer

She is their in house solicitor

salmosalaris

You need to keep the communication going to stop them proceeding .
Did you ask them to consider an appeal , and include an appeal point , in your initial acknowledgment of the LBCCC ?
ie ask PE to consider your appeal and refer to POPLA if they reject it . This would stop them obfuscating about their "ability" to refer to POPLA