Help/Advice needed DRP intended court action

Redx

yes, IF UKPC give you a popla code, which is extremely unlikely

it can still happen in the pre-court stage, IF the judge ordered it

Ambush

I thought UKPC didn't really have a choice but to give me a POPLA code, based on the Halsey v Milton Keynes General NHS Trust case.

Does this mean I'm destined for court? I thought the DRP letter was just complete waffle to be honest

Captain_Krunch

As stated IF a judge orders it.
UKPC don't do a lot of court apppearances so the only court youre probably destined for is a tennis court.

Ambush

OK, so based off of Coupon-mad's post:

Coupon-mad wrote: »

The only time to respond is if you get a Letter Before Action and if Parking Eye decide to try a small claim. Right now DO NOT respond.

(Replacing Parking Eye with UKPC)

Is this the best course of action for me now? Leave it and see if UKPC try a small claim?

HO87

Ambush wrote: »

I thought UKPC didn't really have a choice but to give me a POPLA code, based on the Halsey v Milton Keynes General NHS Trust case.

Does this mean I'm destined for court? I thought the DRP letter was just complete waffle to be honest

Halsey is not relevant in the everyday situation where we are talking about POPLA (although it would be relevant as far as HMCTS offered ADR is concerned). Members of the BPA AOS are obliged by their Code of Practice to offer it provided certain criteria are met. Refusals tend to be focused on the failure of the prospective appellants to meet deadlines (even though they tend to be somewhat arbitrary). Courts have ruled that cases be referred back to POPLA in a very small number of cases where, for whatever reason, POPLA had been refused (or in 2 cases where on IAS was offered although the PPC had been members of the BPA at the time).

Captain_Krunch

Ambush wrote: »

OK, so based off of Coupon-mad's post:



(Replacing Parking Eye with UKPC)

Is this the best course of action for me now? Leave it and see if UKPC try a small claim?

Yes, theyre not currently fans of court but do have 6 years to change their minds.

Coupon-mad

Ambush wrote: »

OK, so based off of Coupon-mad's post:



(Replacing Parking Eye with UKPC)

Is this the best course of action for me now? Leave it and see if UKPC try a small claim?

Yep but the reason I use 'ParkingEye' is because they are the litigious ones. UKPC won't. Don't panic about one of their tickets or panic about tedious DRP letters we've been ignoring for years and years.

You won't get a small claims and you won't get POPLA. You are too late that is why I suggest ignoring these boring letters - the 'robust response' alternative advice is pointless at this stage for a firm like UKPC who have no imagination and will just continue with letters. Please please, no posts about each letter. Please!! You'll know why when you Google a phrase from each letter as it arrives. Don't post here, Google each one and you'll see why we get fed up to the back teeth of hearing about the letter chain!

bod1467

UKPC have been to court twice in recent-ish times. BOTH times THEY were the defendant; both times THEY lost.

(They've initiated court proceedings a few times but have never taken it as far as an actual hearing).