Parking Eye Reply - They say we can't win - Please Help

bazster

Herzlos wrote: »

I'd report them to the DVLA, BPA and Trading Standards, for lying about legal matters to try and pressure you into paying them.

And the Solicitors Regulatory Authority, given that these letters are the responsibility of PE's legal department which is headed by qualified solicitors.

14wrence

Marktheshark wrote: »

Did they send you POPLA codes ?

Massive thanks to you all. I panicked then. Yes I have first Popla code. Awaiting second appeal letter. Guessing their reply will be just as generic.

bod1467

hoohoo wrote: »

In this case they are partially right and the situation is as clear as mud. Beavis has been appealed, but the verdict is awaited. If Beavis wins, you will win at POPLA. You therefore need either to cut your losses and pay now, or file a POPLA appeal and hope Beavis wins.

Even if Beavis loses it just means "commercial justification" might apply, so GPEoL may not be the silver bullet that it currently is. It certainly does not mean that POPLA appeals will fail - the appeals have far more to them than simply GPEoL.

neil.net

You'll need to beef up you POPLA appeal to counter their points.


Following on from my previous posts, it's interesting that they are selective in their presentation of the case transcript, I wonder if HHJ Maloney QC intended it to be misused in such a way?

14wrence

It was "1 hour only" free parking and as the driver worked nights, it's not like the store was open anyway - even if you read the sign on the way in, you would assume it was for the store's opening hours. Or is that just me?

Grimble

You need to get your POPLA appeal done and posted up here, do not wait for Parking Lie.

ManxRed

1. We say one thing to you on here, and we make no money at all.
2. Parking Eye say the exact opposite, and they receive £££'s in parking charges.

Have a think about it.

enfield_freddy

bazster wrote: »

And the Solicitors Regulatory Authority, given that these letters are the responsibility of PE's legal department which is headed by qualified solicitors.

http://www.sra.org.uk/solicitors/handbook/code/part5/content.page

Chapter 11: Relations with third parties

This chapter is about ensuring you do not take unfair advantage of those you deal with and that you act in a manner which promotes the proper operation of the legal system.

This includes your conduct in relation to undertakings; there is no obligation to give or receive an undertaking on behalf of a client but, if you do, you must ensure that you achieve the outcomes listed in this chapter.

The conduct requirements in this area extend beyond professional and business matters. They apply in any circumstances in which you may use your professional title to advance your personal interests.

The outcomes in this chapter show how the Principles apply in the context of your relations with third parties.

Outcomes

You must achieve these outcomes:

O(11.1)
you do not take unfair advantage of third parties in either your professional or personal capacity;

O(11.2)
you perform all undertakings given by you within an agreed timescale or within a reasonable amount of time;

O(11.3)
where you act for a seller of land, you inform all buyers immediately of the seller's intention to deal with more than one buyer;

O(11.4)
you properly administer oaths, affirmations or declarations where you are authorised to do so.

Indicative behaviours

Acting in the following way(s) may tend to show that you have achieved these outcomes and therefore complied with the Principles:

IB(11.1)
providing sufficient time and information to enable the costs in any matter to be agreed;

IB(11.2)
returning documents or money sent subject to an express condition if you are unable to comply with that condition;

IB(11.3)
returning documents or money on demand if they are sent on condition that they are held to the sender's order;

IB(11.4)
ensuring that you do not communicate with another party when you are aware that the other party has retained a lawyer in a matter, except:

(a)
to request the name and address of the other party's lawyer; or

(b)
the other party's lawyer consents to you communicating with the client; or

(c)
where there are exceptional circumstances;

IB(11.5)
maintaining an effective system which records when undertakings have been given and when they have been discharged;

IB(11.6)
where an undertaking is given which is dependent upon the happening of a future event and it becomes apparent the future event will not occur, notifying the recipient of this.

Acting in the following way(s) may tend to show that you have not achieved these outcomes and therefore not complied with the Principles:

IB(11.7)
taking unfair advantage of an opposing party's lack of legal knowledge where they have not instructed a lawyer;

IB(11.8)
demanding anything for yourself or on behalf of your client, that is not legally recoverable, such as when you are instructed to collect a simple debt, demanding from the debtor the cost of the letter of claim since it cannot be said at that stage that such a cost is legally recoverable;

IB(11.9)
using your professional status or qualification to take unfair advantage of another person in order to advance your personal interests;

IB(11.10)
taking unfair advantage of a public office held by you, or a member of your family, or a member of your firm or their family.

In-house practice

The outcomes in this chapter apply to your in-house practice.

neil.net

Maybe we should send a copy of the above to IAS!!! LOL

enfield_freddy

neil.net wrote: »

Maybe we should send a copy of the above to IAS!!! LOL

smirk /,,,,,,,,,,(10 didgets)