Advice welcomed - Popla appeal rejected, solicitors letter received

bunzee

Hi all,

Last year I overstayed the free parking at an MSA. I appealed and my Popla appeal was rejected. I received a letter from CP Plus around a month later asking for payment which I then forgot about and have just returned from holiday 11 months later to a letter before claim from Gladstones solicitors which states I must pay within 14 days to avoid them starting proceedings.

I called the solicitors yesterday to request an extension on the time as I have been away which was unsurprisingly turned down, so I have until tomorrow.

Please advise what I should do... do I pay up and get them off my back, or do I challenge at this late stage?

Thanks all

bazster

Does it say they will start proceedings, or does it say that their client "may instruct us to start proceedings" or some such weasel words?

And who does it say you should contact/pay?

bunzee

It states that unless a satisfactory response is provided they are instructed to start proceedings without any further notice...

Payment is through them.

bazster

Interesting. Can you post up the whole letter, redacted of any identifying details (watch out for codes/reference numbers)?

bunzee

Here's a scanned version...

bazster

That's a LBC alright. First one we've ever seen regarding CP Plus. Wait to see if the court experts want to chip in.

ColliesCarer

Is this the same PCN you got a very poor decision from POPLA on last year? If so how did you go on with the complaint to the Lead Adjudicator requesting the decision to be reviewed as per C-M's suggestions at the time?

The letter does seem to me to be a real Letter Before Action but see what others more familiar with Gladstones think.

In the meantime would suggest you have a read of the LBCCC fightback thread linked below. I believe Practice Directions on Pre-Action Conduct have been updated recently so the thread, although still relevant in the overall advice contained, may not refer to current version - so check any references against current version.
https://forums.moneysavingexpert.com/discussion/4754020

Would probably also be useful to read the sticky NEWBIES thread post #5 which deals with Court Claims - just in case they do take this further

bazster

Good spot CC. Looks like CP Plus is so pleased with its (one-off) PoPLA win they've decided to push the boat out.

I'd love to see a judge's reaction if presented with that ludicrous GPEOL statement.

ColliesCarer

bazster wrote: »

Good spot CC. Looks like CP Plus is so pleased with its (one-off) PoPLA win they've decided to push the boat out.

I'd love to see a judge's reaction if presented with that ludicrous GPEOL statement.

Yep - I agree.
And the witness statement that only confirms they can issue PCN's.

@bunzee - hope you kept all the paperwork from their evidence pack

bargepole

Gladstones are churning out LBCCCs and Court Claims like confetti at the moment.


Probably trying to make a name for themselves so that more companies sign up to the IPC.


Mind you, they came unstuck yesterday. I was in Court assisting a Defendant against one of their members, PCM (UK), and right at the start the Judge ruled that he was going to stay the case until the Supreme Court judgment in Beavis is published.


This makes Mr Hurley's assertions in a recent TV interview that the Beavis case is irrelevant to IPC members because they use a contractual charge model, somewhat hollow.

bazster

He can hardly argue contractual charge in this one given that CP Plus presented a (fictitious) GPEOL statement to PoPLA.