County Court Claim - Hearing Stayed

bartos1976

Because of the information on this site and excellent advise from Coupon Mad I received this letter from Court today.

Edit - Can't post the picture up as i'm relatively new to the site but basically it stated 'the claim is to be stayed for 1 month enabling me to seek adjudication under the POPLA scheme' and advising to write to the court if it is not resolved by 12 Aug. It also stated PE must advise of the appeal status in relation to PE vs Beavers (3JD05152) as considering a further pending the result.

Obviously very pleased but concerned that 1 month might not be enough. If i'm right I now have to request that Parking Eye issue a verification code before submitting an appeal to to POPLA? If so can I e-mail to save time and would I need to word my request in any way?

Any other advice greatly appreciated

Umkomaas

I would just cross-refer to the requirement of the court that this go to POPLA and you require a POPLA verification code by return.

The month you have is unlikely to be sufficient - around 5-6 weeks is the norm for a POPLA 'hearing' to take place.

Perhaps you should write to the court to say that it may take more than a month from the submission of your appeal and, with the court's agreement you will inform them as soon as you have an estimated date from POPLA for an adjudication decision.

You need to get on with drafting your appeal (before you get your POPLA code) and let us see it for advice on fine tuning. NEWBIES sticky, post #3 is your starting point for 'How to Win at POPLA'.

hoohoo

All 3 parkingeye claims that have been referred to POPLA have been won by motorists. In 2 of them, parkingeye did not even bother to file evidence.

It wont be resolved by august, but get the ball rolling asap.

Get your appeal in to parkingeye asap and get free proof of postage.

Dear ParkingEye, as per the order of Judge X I am following the industry standard ADR process by appealing to you and then to POPLA if the case is not resolved. Please confirm receipt within 14 days and either cancel the charge or provide a POPLA code within 35 days.

Here is my appeal...

If they do not reply in 14 days, send the whole thing again with a cover letter.

In august, write to the court with the current status, and estimated time for completion; eg parkingyee have x days to reply. Following that, if they do not uphold my appeal I will appeal to POPLA which will take an estrimated 28 days.

bartos1976

I'm assuming my appeal to PE can be basic as they ill reject it anyway and it's the appeal to POPLA that really matters?

If so I've read references to a template on here to build t from, can anyone point me in it's direction as I don't see it in post #3 of the Newbies thread?

Dee140157

First appeal to PPC is in post 1. If it is the POPLA appeal you want then you need to click on the blue words "How to win at POPLA" in post 3 and this will take you to a whole load of template appeals. You will probably want to base yours on the second Parking a Eye one.

SevenTowers

PE know you will win at POPLA, but they will still push you there in an attempt to stall things, so I would go with the full POPLA style appeal to PE in your first appeal. If they still reject that you will be able to show the court that they are acting unreasonably because they have lost countless POPLA cases on exactly the same basis, and yet are still pushing you to POPLA.

Redx

bartos1976 wrote: »

If so I've read references to a template on here to build t from, can anyone point me in it's direction as I don't see it in post #3 of the Newbies thread?

here is a big blue clue

Click on these words: How to win at POPLA (or at IAS) and you will see clear adaptable examples of winning POPLA/IAS appeals, some specific to the main PPCs and others specific to Airports, Railway car parks, retail, etc.

the clue is clicking on the blue, which is why it says click on these words, the words you click on are in blue so left click your mouse button on them

all straightforward , clear and easy to understand

then look at all the popla appeals listed for various companies and click on some

bartos1976

Always one isn't there, thanks to those of you have provided advise in a pleasant way.

SevenTowers

bartos1976 wrote: »

Always one isn't there, thanks to those of you have provided advise in a pleasant way.

Some may have been a little firm in their advice, but remember we're all volunteers who want to help you beat PE, so follow the excellent advice you've received and word your initial appeal to PE exactly as a POPLA appeal. Post it here before you submit to PE.

Please remember this is the only thing that will keep you out of court, so it's serious stuff.

bartos1976

It's got me this far and greatly appreciated, I will look tomorrow and put something together

Thank you all again

Coupon-mad

bartos1976 wrote: »

I'm assuming my appeal to PE can be basic as they ill reject it anyway and it's the appeal to POPLA that really matters?

If so I've read references to a template on here to build t from, can anyone point me in it's direction as I don't see it in post #3 of the Newbies thread?

I have suggested by pm that you just email [EMAIL="enforcement@parkingeye.co.uk"]enforcement@parkingeye.co.uk[/EMAIL] and ask PE for your POPLA code and say they can take your defence as your appeal wording. Write it in the style that hoohoo suggested above.

Fabulous news BTW, soooo pleased for you that your Judge agreed to take it to POPLA instead! Could you possibly pm me and let me have your case number, Judge, Court, and date of the Order so I can include it in future letters that other people send to their Judges to try to achieve what you have done?