POPLA - Draft letter for review

gareth1971

Umkomaas wrote: »

Did they not address your other key appeal points of 'landowner contract with PE' and 'trespass'?

I posted everything they said. No mention of other the points.

Coupon-mad

You are one of several who have lost at POPLA, so search the forum for 'ISPA' or 'complaints@popla.co.uk' to see what to do next.

It is possible PE might try a small claim but might just revert to debt letters only, as this is an NHS car park. Hard to tell. POPLA are useless and literally skim-read.

gareth1971

Coupon-mad wrote: »

You are one of several who have lost at POPLA, so search the forum for 'ISPA' or 'complaints@popla.co.uk' to see what to do next.

It is possible PE might try a small claim but might just revert to debt letters only, as this is an NHS car park. Hard to tell. POPLA are useless and literally skim-read.

Thanks. I will do that.

Strange coincidence?

Do Capita still own ParkingEye?

Do Capita do any support work for POPLA?

Someone with the same name (not a very common name) as the POPLA assessor who just rejected our appeal currently works or did previously work for Capita for 18 years.

I am not normally one for conspiracy theories, but that is interesting.

Edna_Basher

We're a couple of months ahead of Gareth with our own dodgy POPLA decision concerning an alleged trespass in an NHS medical centre car park.

We received a Letter Before Claim from ParkingEye last week and so it would seem that NHS car parks are not immune from ParkingEye legal action.

Coupon-mad

Name the driver and start the whole merry dance again, Edna?

Edna_Basher

That did cross my mind

However, given how low POPLA's standards have now fallen, I think we're better off having a pop at ParkingEye in the Small Claims Court rather than taking a second bite at the POPLA cherry.

chicochad

have they taken you to court yet or did you pay up.
I have the same fight and I am going to court at the same place.

gareth1971

Dear All,

I am the OP and posting again on this thread to report on the latest developments to our saga and to ask for advice on the best way to proceed.

The incident was at an NHS site in March 2016, our POPLA appeal was rejected at the end of June 2016 and we have now received a "LETTER BEFORE COUNTY COURT CLAIM" (dated more than a week ago) demanding payment of £100 within 14 days and stating:

"The payment is now required within 14 days to prevent further action. If payment of £100.00 is not made, further action will be taken and court proceedings will be issued, which will incur further costs. These costs will include, but not limited to £50.00 solicitor's costs and £25.00 court claim issue fee."

"ParkingEye would further draw your attention to the recent Supreme Court decision detailed at paragraph 5 overleaf. The appeal concerned the value of ParkingEye's Parking Charges and the Judgement, granted in ParkingEye's favour, delivers a binding precedent in respect of the sum sought, as the Court found the Parking Charge was set at a reasonable amount."

I have scanned the letter and it is available here in case anyone is interested to see the "Further Information" which includes point 5 regarding Supreme Court judgement 4th Nov 2015 (aka "Beavis Case").

https://www.dropbox.com/s/golc4ql2gojhngn/PE-Letter-Jan-2017_Page_1.jpg?dl=0
https://www.dropbox.com/s/de8snyro1lx9jpe/PE-Letter-Jan-2017_Page_2.jpg?dl=0

To view these documents without a Dropbox account, just click on "No Thanks - Continue to View".

Of course, we are loathe to pay the £100 to these evil leeches without a fight, but would rather not have a CCJ and end up paying £175.

Mentioning this just in case it is relevant: The keeper of the vehicle involved has now moved addresses (mail is being forwarded) so PE may not know the new address. The vehicle concerned has been written off and sold as scrap.

Redx

all this talk about a CCJ is nonsense

if you lost in court , you pay the judgment within the time period specified by the judge

then there is no CCJ , repeat no CCJ

they will issue court proceedings if you fail to pay this LBCCC

after that its all down to a judge

if you win , you can claim up to about £90 in costs

if you lose, the judge tells you what to pay and you normally have 28 days to pay it BEFORE a CCJ happens

its ignoring the JUDGE and their JUDGMENT that leads to a CCJ , effectively its "contempt of court"

so if you lose , pay up , promptly, that is then the end of the matter and NO CCJ will happen

if you think a CCJ is automatic, you have not done your homework properly

make sure you tell PE the correct address and keep a copy

the fact that the vehicle has been scrapped is irrelevant , it was there on the day in question

we are all aware of the BEAVIS case , which PE won at the Supreme Court

if you are going to fight , it will be in the small claims court , no doubt about it

gareth1971

Thanks for your reply Redx.

I appreciate your comments about the County Court process.

Do you have any advice as to how I should respond to the letter? Should I just restate the same argument that I made with the POPLA appeal?

If/when it comes to the CC Claim, and I enter a defence, should I simply use the same arguments that I used for the POPLA appeal?