County Court Claim - Hearing Stayed

bartos1976

Thanks PM sent

SevenTowers

bartos1976 wrote: »

Thanks PM sent

Good job, please ensure you follow CM's instructions, she really knows her stuff and always gives the best advice possible.

bartos1976

She's been an absolute god send. Especially helpful to me, as a new user it can be difficult to sort your way through the information and disect the relevant parts, hence my retaliation to Redx

bartos1976

About to send this if people agree it's OK. Over the next few days I shall pull together my POPLA defence in preparation for the verification code arriving..

Dear ParkingEye

As per the order of Judge Baddeley 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.

To save time you can take my defence points as my appeal points for your rejection letter as this will be easier for all concerned including yourselves. As the court has ordered it I would expect no delay in you providing me with my POPLA code now.

Finally please note my change of address, all future correspondence should be to the address below


XXXXXX Road
Sheffield
SXXXX

Regards

Mr X

Coupon-mad

Just to help others in the same boat, this is (more or less) the letter that bartos1976 sent to the court once the case was local. This is the letter that got the case stayed by Sheffield Court:






FTAO the allocated Judge

Re: CLAIM NUMBER xxxxxxxx

I am the Defendant and was the registered keeper of the vehicle relating to this alleged parking invoice. I did not receive a Practice Direction compliant 'Letter before Claim' and never had a proper chance to respond to this claim in full. In order to address this lack of exchange of information so far, in a way that would not waste any court time, I request that the court considers an Order for the claim to be stayed pending the allowance of both parties to undertake ADR in the form of a 'Parking on Private Land appeal (POPLA).

This would follow many similar Court Orders in a number of this Claimant's cases now successfully resolved, e.g. in the order made by District Judge Mayor, Croydon Court, 13/09/13 (Case no. 3JD00719, ParkingEye v Mr O), and by Deputy District Judge Bridger, Southampton Court, 21/01/2014 (Case no. 3JD05448, ParkingEye v Gilmartin) and by Deputy District Judge Buckley, Blackburn County Court, 11/02/2014 (Case number 3JD10502, ParkingEye v Mrs P) and ...*

It is not relevant if this claimant 'feels POPLA is unsuitable' because in the legitimate interests of the consumer and in accordance with the Practice Direction, they should have explored this option more fully and offered it to me far more openly, in pre-court correspondence. The truth of the matter is that POPLA impose no deadline and will allow a BPA member to issue a POPLA code at any stage.

A small claim should be a step of last resort and as far as this overactive claimant is concerned that is far from the case. This claimant has failed to show any justification to refuse the parking industry's bespoke ADR that they merely hid in small print on one early unsolicited letter which impersonated a parking ticket, regarding which the accepted and informed advice for many years was to ignore it. ParkingEye are well aware of this and they bank on consumers missing the self imposed short time limit of appeal/POPLA and despite their assertion otherwise, they do not offer it again in other letters. However, the British Parking Association, which is their Trade Body, are on record this year as being particularly keen for the authorities to recognise POPLA as the most suitable ADR and they actively encourage cases to be referred.

A POPLA decision will almost certainly resolve the case without need for court, within 90 days of the claimant issuing a POPLA verification code if the court orders this form of ADR. In the interests of saving the court's time and resolving the matter fairly, I hereby agree to accept the findings of POPLA, even though in the normal course of events their decisions are not binding on a motorist.

POPLA make a final adjudication decision in every case and so it is an ADR which would have 100% prospects of success.

In the alternative, if not minded to make an Order for POPLA I respectfully request that the court consider a stay of this claim until the Court of Appeal case is resolved in the matter of ParkingEye v Beavis 3JD05152 following a recent small claim decision in Cambridge. ParkingEye may seek to rely upon the initial claim outcome in the small claims track but I contend that this would be unfair now that the case has been fast-tracked to the Court of Appeal. The final outcome is relevant to any claims pending from this Claimant in 2014.

Thank you for your time and consideration,





* To the above cases, a newbie can now add bartos1976's own case details of course for further persuasive argument:

...by Deputy District Judge Baddeley, Sheffield County Court, June 2014 (Case number A0JD4266, ParkingEye v Mr X) where the Judge in fact ordered a stay for POPLA and, failing resolution, a further stay for the outcome of the ParkingEye v Beavis Court of Appeal case which is currently pending.

Coupon-mad

bartos1976 wrote: »

About to send this if people agree it's OK. Over the next few days I shall pull together my POPLA defence in preparation for the verification code arriving..

Dear ParkingEye

As per the order of Judge Baddeley 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.

To save time you can take my defence points as my appeal points for your rejection letter as this will be easier for all concerned including yourselves. As the court has ordered it I would expect no delay in you providing me with my POPLA code now.

Finally please note my change of address, all future correspondence should be to the address below


XXXXXX Road
Sheffield
SXXXX

Regards

Mr X

Seems reasonable to me!

bartos1976

It's gone, can't stress how happy I am at the moment. This news comes off the back of having a council parking fine after making representations recently so i'm on somewhat of a roll thanks to you guys and Peppio

bartos1976

Surprised me and replied to my e-mail this morning, here is what they said..

Thank you for your correspondence.

We can confirm a letter providing you with the relevant reference code to appeal to POPLA has been issued to yourself today, at the updated address you have provided. You should receive this in due course.

Regards,
ParkingEye Enforcement Team

bazster

Bye bye ticket!

Dee140157

Excellent news. Now you do know where a decent POPLA appeal can be found don't you...?