Advice on how to proceed...left it late

justarandomguy

Hi all
I have read the newbie section but have a few queries before i act.
The reason being i assumed the correct thing to do was to just ignore any correspondance...it appears i was wrong!

I received a pcn from Athens Security services Ltd for overstaying my time in the Quarry carpark, Rock, Cornwall in the autumn '13.
Dates are vague as i (possibly foolishly) destroyed it! I subsequently received the NTK and a while later a Debt Recovery Plus demand for £149.99, again i chose not to ignore and bin them!
last week i received a letter from 'small claims solicitors' instructing me to contact Debt Recovery Plus and settle my 'outstanding balance', at this point they say to contact DRP and not themselves. The letter is titled 'Important do not ignore' and states that in 14 days if no payment is made Athens Security Services 'may' issue legal proceedings for a CCJ.

After digesting the Newbie section as best i can i believe it isnt too late to appeal?
There has been no mention of court until this point.
Shall i write a strong letter to the Landowner first? (Padstow Harbour Commission), then appeal to A.S.S for a POPLA. I assume i should also send one of the template letters to DRP stating i will not be paying and also a letter to the 'smallclaimservice.co.uk' stating i will not be paying. All of the above letters will be templates from within the links of the Newbie section.

Before i send these four letters is there something i am missing? or does anyone have any better suggestions?

Thanks in advance

Redx

yes contact the landowner

yes use the template letter in the newbies thread to contact the parking company

its up to you if you wish to contact the debt collectors or not (there is a whole section about that in the newbies thread)

the PPC ( athens s.s. / a.s. parking )will either ignore you or refer you to DR+ or to SRS

THEY ARE UNLIKELY TO ENGAGE DIRECTLY NOR GIVE YOU A POPLA CODE

although they could issue a popla code, they no longer have an obligation to do so due to you leaving it past the deadlines to appeal, so its unlikely to get one issued

so why do all of this then ?

damage limitation , in case court papers are served you would wish to be seen trying to have settled it, hopefully steering it towards popla in the future as an ADR , thats why

bear in mind that if you are the RK, do not reveal the drivers details or imply it (using the word I for example) - if this harbour land is not relevant land then POFA 2012 wont apply, meaning if it were true they can only pursue the driver , if they knew who it was (and you are not telling them)

see this one https://forums.moneysavingexpert.com/discussion/4980291

Coupon-mad

When I put into 'search this forum' (the heading above the sticky threads, next to 'forum tools') the words 'small claims solicitors' I found lots and lots of results. I can't link my search because searches stop working soon after being linked and because you'd do so much better from this forum once you know how to search it effectively.

By the way, when you do the search, change the default to 'SHOW POSTS' instead of 'Show threads' as the results are much better and significant to what you are after. Lots of people get those letters and the debt collector post #5 of the NEWBIES thread tells you all you need to know. There's nothing to add to what Redx said already except:


When you write to Padstow Harbour Commissioners, be careful NOT to imply who was driving so write ONLY about the letters you have received as keeper. And ask them for a link to or details of the byelaws relating to the parking of cars in that car park, or to confirm to you whether there are no applicable byelaws (this is important as long as you don't say who was driving). You want to hear that there are byelaws there really!

justarandomguy

Thanks both of you for your replies, a letter was sent today to the landowner...fingers crossed.

I'm a little more hesitant contacting the parking company athens, should i use the standard template in the newbies section altered to suit, or as i have left it so long and the chances of a POPLA code are slim is there an alternate approach better suited?

thanks in advance...:)

Redx

given the length of time your chances of getting a popla code are slim to non-existent now

but if you dont ask you dont get

and in any case , its damage limitation in case it ever went to small claims court , showing you tried to resolve matters by popla as an ADR

I already told you this in post #2 too !

there are no alternative approaches , you were given the correct information in those previous posts , so why would we leave one out ?

Coupon-mad

should i use the standard template in the newbies section altered to suit

Yes - altered to suit, make it your own, send something and make sure it doesn't say who was driving nor imply same.

justarandomguy

Hi both of you, thanks again for taking the time to reply.

I took your initial advice on board, as stated i was just a bit hesitant (further reading on here has raised my understanding and confidence!).
So i posted a late appeal to the PPC and also using the templates in the newbie section i sent the relevant letters to both DRP and the small claims solicitors as their letter looked identical to some on here - it wasn't a 'letter before claim'.

I will see how things progress!...

Thanks again