POPLA decision - any advice please

Redx

AlbertSe7en wrote: »

What is a DCA letter?

Debt Collection Agency - letter

trisontana

Except they are not an "agency" - i.e some sort of government department. They are just a private company with no special powers.

Redx

ok , well then it must be

Deceitful Con Artists then , LOL

AlbertSe7en

misterbarlow, on top of the cancellation letter from the PCC, did you get a decision from POPLA in the end anyway? I am trying to understand why POPLA would postpone a decision for months.

misterbarlow

No, only contact from Popla was only recently in late August weeks after the PPC cancellation letter, just stating they have been advised by operator that charge had been withdrawn.

AlbertSe7en

Hi Guys,
One thing in common I have noticed again and again in these rejection letters from operators/debt collectors is that they always strongly advise you to seek out legal advice? Why are they so kind to point out this? Surely if I do not make an appeal properly (i.e. without seeking legal advice) they are more likely to win at POPLA, so unless they are legally obliged I do not see why it is in their interest to remind me of this? Or do they really believe that most people would be scared into paying up as soon as they see words such as ‘legal advice’ or ‘court action’?

Umkomaas

Possibly because legal advice would be so expensive (and the sol may advise you it cheaper to pay off the charge on that basis), you'll think it much cheaper and less hassle to capitulate.

Alternatively, they are trying to head you away from forum advice, which you'll get for free, and are likely to get far more up to date advice than 90% of solicitors would provide. And, you'll beat them!

Just my guess!

hoohoo

AlbertSe7en wrote: »

Hi Guys,
One thing in common I have noticed again and again in these rejection letters from operators/debt collectors is that they always strongly advise you to seek out legal advice? Why are they so obsessed about this? Surely if I do not make an appeal properly (i.e. without seeking legal advice) they are more likely to win at POPLA, so unless they are legally obliged I do not see why it is in their interest to advise me this? Or do they really believe that most people will be scared into paying up as soon as they see words such as ‘legal advice’ or ‘court action’?

I have helped quite a number of barristers and solicitors with legal advice on getting private parking charges cancelled. It's not their area of expertise. You would find it hard to find any solicitor who was well-researched enough to give you correct advice, and if you did, they would be so specialised they would have to charge stupid amounts to make it worthwhile for them to have got into this niche.

Meanwhile, solicitors such as Gladstones, Miah and Wright Hassall who do hold themselves out as knowledgeable in parking matters have proved themselves to be totally incompetent time and again. WH don't know that pre-action recommendations changed in April, Miah don't appear to know anything and Gladstones are doing sterling work on behalf of their clients (in that they charge them Sterling, but their clients don't seem to be winning any hearings)

AlbertSe7en

I have just received the decision from POPLA confirming my appeal has been allowed, so thank you everyone for having contributed their valuable time and knowledge to make this forum a nightmare for cowboy private parking companies and their debt collectors.

Can I ask if this decision is now binding? Can the Operator ignore the POPLA decision and still pursue the Charge through debt collectors or a court action?

Umkomaas

Absolutely binding on the operator.

Would you be good enough to post the detail of the adjudicator's decision in the 'POPLA Decisions' sticky please.