Request POPLA OR IAS from PPC or DRP? PLEASE HELP

jason0224

Hi There,


I used the template letter on the newbies thread to send an appeal to Horizon Car Park for a PCN. It was a late appeal outside of the 28 days and I had already 2 letters from Debt Recovery Plus (DRP). At the same time I also sent a letter to DRP to tell them that I had no intention of paying and that I dispute the charge. The letter ended like this...


"In the meantime, you should note that this charge is disputed, and you must now refer this matter back to your client and cease and desist all further contact with me. Failure to do so will result in a complaint to the Credit Services Association".


I have since received a letter from Horizon Car Parking to tell me that the matter has now been passed to DRP and all correspondence should be taken up directly with them.


And now received a letter from DRP to say that my time to challenge has expired (BPA Code Of Practice 22.7) and therefore access to the Independent Appeals Service is no longer available.


I would like to know do I send a POPLA Letter in this circumstance? and do I send it to the PPC - Horizon Car Parking or to DRP? As I asked for no further correspondence from DRP is this harassment?




They have given me until 30th to pay £110 and I go on Holiday this Monday for 10 days so would really like to know the right course of action to promptly take!


Thanks a lot

bod1467

All covered in the NEWBIES sticky thread.

DRP cannot offer POPLA; Horizon can but don't have to as you appealed outside the arbitrary appeals window. So you are in ignore mode on anything from DRP (or any other debt collector). The only thing to NOT ignore is a Letter Before Action or actual court papers. (Horizon do not appear on the list of BPA members to have issued court claims in England between 01/10/2012 and 31/03/2014).

Again - this is all covered in the NEWBIES thread.

Finally - DON'T PAY THEM ANYTHING!

PS - while you're on, please delete your other identical thread. https://forums.moneysavingexpert.com/discussion/5065186

Redx

agreed

ignore DRP

you havent got a popla code from Horizon so cannot appeal to popla

your only appeals can be to Horizon or to the landowner (and you should ALWAYS APPEAL to the landowner in any pcn case)

otherwise you wait it out for 6 years until the MCOL statute stops further action

what you dont ignore is any LBC or MCOL from the landowner or Horizon

so other than an appeal to the landowner before your holiday you can go on holiday knowing there is nothing you can do for 6 years unless the LBC or MCOL arrive, which will not be before you get back and may never happen

jason0224

Okay Thanks. I have seen letters that say that I am still within my rights to appeal and that the PPC have to either give me a POPLA Code or cancel the fine. Is this true and if so should I send this letter to them.


Despite the PPC telling me that all correspondence should be with them I should still ignore the Debt Collectors?


Finally, how will I know if I get a letter before claim, will it actually say those words on the letter? I'm just a bit confused as I've had 3 letters from DRP already and am finding it hard to distinguish between them all. Sorry for sounding so stupid I just really want this to all be over and to Know i've taken every correct step possible.


How do I delete my previous post? I only see options to edit?


Thanks

Redx

there is no FINE, its an invoice

you had 28 days to submit an appeal, after that they can refuse to give you a popla code, which is what they have done

you cannot force a popla code after 28 days from the pcn, hence their refusal

so nothing you can do but ignore the begging letters for 6 years now

any LBC will say so and be from the creditor or landowner, not any debt collector

I have asked crabman to delete your suplicate thread, so you cannot delete it now

jason0224

Thanks for your help Redx.


Just to clarify, does that mean that letters that have been posted on this site with the intention of getting round a late appeal are incorrect/useless? I've seen a lot of conflicting advice which is making me very confused...




"You could tell MET something along the lines :

Dear Sir

Ref : ***

I note the contents of your letter and your request that I deal with Roxburghe

For your information, I have already contacted them and denied the existence of any debt
They have been told to refer the matter back to you and not contact me again

I will not respond to any communication from them again

There is nothing whatsoever to prevent your company from considering a challenge at any stage
Refusing access to your industry's alternative dispute resolution procedure would be unreasonable and a breach of the Civil Procedure Rules

It is well-established case law that, in the event of legal action, your company would be liable for the full costs of the claim regardless of outcome

As far as I am concerned, I have made a valid challenge (date) and the clock is running
If I do not receive a clear rejection along with a POPLA code within 35 days of the above date, I will regard the challenge as accepted and the matter closed

If Roxburghe are now dealing with the notice I suggest that you pass my challenge on and alert them to its urgency

Yours faithfully"

Redx

that debt collector went out of business this week, so no point using their template letters

the whole point in late appeals is that if it goes to court you can convince a judge you tried to settle the matter before court proceedings

so its about covering your backside

bod1467

No they're not ... the PPC is under no obligation to furnish a POPLA code, but the keeper having sent such a letter could be useful if the claim ever went to court - the defendant could show that they tried to get the claimant to follow the industry's ADR process and so minimise their losses, thus them bringing a court claim could be seen in a bad light by the judge (who may well order POPLA anyway).

Edit: SNAP!

Umkomaas

You need to get an idea of how often Horizon has tried court in the past 18 months. The following will tell you.

https://www.whatdotheyknow.com/request/179544/response/444525/attach/3/A%20FINAL%20REPLY%20TO%20LEWIS%2085865.doc

https://www.whatdotheyknow.com/request/205660/response/510306/attach/3/AA%20REPLY%20TO%20Craig%20Lewis%2090006%203.doc

But just like investments, past performance is no guarantee of future performance.

HTH

Coupon-mad

jason0224 wrote: »

Thanks for your help Redx.


Just to clarify, does that mean that letters that have been posted on this site with the intention of getting round a late appeal are incorrect/useless? I've seen a lot of conflicting advice which is making me very confused...

"You could tell MET something along the lines :

Dear Sir

Ref : ***

I note the contents of your letter and your request that I deal with Roxburghe

For your information, I have already contacted them and denied the existence of any debt
They have been told to refer the matter back to you and not contact me again

I will not respond to any communication from them again

There is nothing whatsoever to prevent your company from considering a challenge at any stage
Refusing access to your industry's alternative dispute resolution procedure would be unreasonable and a breach of the Civil Procedure Rules

It is well-established case law that, in the event of legal action, your company would be liable for the full costs of the claim regardless of outcome

As far as I am concerned, I have made a valid challenge (date) and the clock is running
If I do not receive a clear rejection along with a POPLA code within 35 days of the above date, I will regard the challenge as accepted and the matter closed

If Roxburghe are now dealing with the notice I suggest that you pass my challenge on and alert them to its urgency

Yours faithfully"

Nothing wrong with sending something like that - it is NOT conflicting advice. It seems to me, that your expectations are too high - you are reading the letter at face value and seem to think that sending that means a PPC must then send a POPLA code. Well they won't! But it doesn't mean it's not a perfectly reasonable letter to send if you are not the type to just ignore the threatograms (like we have for over five years!). It's a good letter to send. An appellant saying 'send me a POPLA code' is perfectly reasonable on the part of the motorist as there is no deadline to get such a code, except that set by the PPC themselves. The BPA being complicit in that.

Also a motorist just ignoring the letters is just as good.

Your choice. Like I say in the Newbies thread. Either ignore or appeal, whatever feels right. You missed the POPLA chance - so what, really!