ParkingEye LBCCC

Geordiegirl1955

Received a LBCCC from ParkingEye last month and have replied to PE using advice on this forum. Do I still have to give a full response within 30 days from the date on the LBCCC, even though PE have not given me a POPLA code or provided the info I requested as in the Practice Direction. Any help would be appreciated

Umkomaas

Did you appeal to PE after receiving your initial Notice to Keeper? When was that, and what was their response?

da_rule

Was your reply not a 'full response' then?

Geordiegirl1955

No. I only started corresponding with them after I received the LBCCC. I know now that was wrong, but I only realised that after reading this forum.

Geordiegirl1955

I said I disputed the alleged debt and I requested a fully compliant letter. They sent the standard letter saying their original letter was compliant. I've written back stating their letter wasn't compliant and gave reasons as to why. I also questioned their reasoning as to why POPLA couldn't be used and have requested they send me a POPLA code.

da_rule

Ok, well it sounds like you have given a 'full response' to their LBCCC?

Geordiegirl1955

Can PE issue court papers without giving me the info I requested or providing me with a POPLA code ?

da_rule

Geordiegirl1955 wrote: »

Can PE issue court papers without giving me the info I requested or providing me with a POPLA code ?

Simple answer, yes.

If the questions you asked were relevant and the answers may have been likely to convince you to pay then the court may look less favourably on ParkingEye, but they do not have to disclose anything until they have filed proceedings. Then you can make a request for them to disclose anything else that could be relevant that they haven't disclosed as part of their standard disclosure.

Whilst there is no time limit on issuing a POPLA code, the PPC's and the BPA have set out in their 'rules' that the PPC only has to give a POPLA code if the appeal is lodged within their arbitrary time limits. The justification being that they are giving you the best part of a month to appeal and giving you warnings that court action etc could result so if you ignore them then you only have yourself to blame. That said, the courts have ordered PPC's to issue POPLA codes to resolve the matter as a form of ADR, but this is rare.

Redx

they are under NO obligation to give you a popla code , even though they can do so

if they fail to comply with the LBCCC process then yes they could issue court papers but then you would tell the court of their failures in compliancy , wouldnt you ?

afaik they can issue court papers at any time , rightly or wrongly , but will be trying to show any court they have complied with the law including the LBCCC process

thats my non-legally trained understanding anyway (my humble opinion)

Geordiegirl1955

How do I go about making a complaint to the Solicitors Regulation Authority and is it worth doing ?

da_rule

Geordiegirl1955 wrote: »

How do I go about making a complaint to the Solicitors Regulation Authority and is it worth doing ?

Just go to their website. It is only worth doing if you are complaining about a solicitor, so it would depend who the LBCCC is signed by.

For example, if a company or Joe Bloggs (who isn't a solicitor) writes a letter that doesn't comply with the Civil Procedure Rules or is misleading then that is up to the court to sort out. If the letter is signed by a solicitor (or a firm of solicitors) then this is something the SRA may be interested in.