Parking Ticket - 2nd letter

CF123

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bod1467

CF123 wrote: »

I'm fairly certain that given the initial contact made as stated above, the correct course of action is to ignore all future attempts except an invitation to attend court.

Since you missed the boat that would have killed this stone dead (POPLA/IAS - I'm not sure which ATA this PPC is with), then I believe the part of your post I have quoted is the way forward.

I'm puzzled though - why would a photo be taken of the vehicle yet only a notice to keeper be sent? Is this one of those Norris Cole setups where busybodies take photos and note registrations, and then "phone home" with the details so the PPC can send out a "ticket"? (Whereby said Norris Cole receives a kick-back for any paid tickets).

Redx

you may be too late for this appeals process unless the solicitor letter can be considered an appeal ?

as you chose to do this his way and not the method detailed in the sticky thread, you may have inadvertently cancelled your right to an appeal

my opinion is that they will say it did not constitute an appeal and so you are "out of time" and the BPA may agree with them, not your friend

the problem being that appeals are time constrained, so the letter sent would have to constitute an appeal or else you are in the LBC and MCOL scenario, IF they chose to take that path in the next 6 years

maybe your "friend" needs to read the advice here when he is back off holiday and use the advice in any other similar appeals or letters in the future ?

Nodding_Donkey

I think this is a good example of why to use this forum rather than a solicitor lol

Redx

some companies do take people to court with an MCOL, this company have up to 6 years to decide , so the past cannot indicate the future , only the probability based on previous experience

as its private land, the pavement issue isnt that relevant, what is relevant are the legal arguments put by either side, as Mr Beavis knows in his PE court case that is going to the court of appeal now

so nobody can tell you the outcome, it all depends on legal arguments as to contracts, locus standii and signage etc

I definitely would not pay if it were me, but I would hope this solicitor friend knows about the MCOL side of things better than an appeal that isnt an appeal

chances are that this would have been a slam dunk at popla and costing the PPC about £360 and you nothing, probably all over with by now too with our help

Coupon-mad

2. Ignore all future correspondence except a notice to attend court.

...is the right answer.

Are you SURE the letter from the solicitor could not be construed as a challenge/representation against the PCN? Let's just say it WAS!

CF123 wrote: »

Just a final question, assuming that the original letter from the solicitor did constitute an appeal (or it can passed off as one), what would you do now given I haven't heard anything else for the parking company, just the subsequent letter from the debt collection company.

You could try one email, sending it to the BPA and stating that your solicitor sent a challenge on your behalf and you never received a rejection letter or POPLA code at all, why not, seeing as there is nothing to stop a person asking their legal representative to write the challenge?

steve.c@britishparking.co.uk

Won't hurt - one email and you never know, oh he will ask for a copy of the PCN and a copy of the challenge so attach that too. It was a wrong move though not to just appeal as per the NEWBIES thread, we'd have won at POPLA hands down as we always do. Maybe you can claw it back.

Redx

CF123 wrote: »

Thanks again RedX for your help, it's appreciated.

Just a final question, assuming that the original letter from the solicitor did constitute an appeal (or it can passed off as one), what would you do now given I haven't heard anything else for the parking company, just the subsequent letter from the debt collection company.

as above, treat it as if it was and copy it to the BPA and any other correspondence, let the BPA decide if a popla code should have been sent out

Umkomaas

You win both ways in the current situation:

1. You do nothing more, they continue to write you ever more 'scary' letters, some even in red ink, until the letters eventually dry up, and they give up. Or,

2. You receive court papers and your friend's desire to see this escalated is achieved and you (both) can have your day in court.

Doing nothing further will deliver you one or other!

But, in parallel to doing nothing with the PPC or their Debt Collection poodles, make a complaint to the BPA as recommended by Coupon-mad.