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CEL - Letter Before Action Help - No response to submitted appeal
moneymagic217
Posts: 2 Newbie
Hi All, i need urgent help if possible.
A quick summary, I was issued a PCN from Civil Enforcement Ltd (issued 16/12/2014) for not paying to park on 26/11/2014 (£100 fine).
I sent an email into their appeals address on 18th January (within 28 days of when I received the PCN).
I received no reply to my appeal.
As they are a member of BPA I emailed again on 12/02/15 stating "As it has been past the 14 days since I wrote to you with my appeal and you have not replied, I consider my appeal to have been accepted as otherwise would be a breach of the BPA code of practice."
Again I received no response to this email, though I did receive a Parking Charge Notice Reminder that had an issue date of 06/02/15.
I heard nothing again until arriving home from holiday today to a letter dated 12/10/16 detailing Letter Before Action saying the issue is unresolved, an outstanding debt of £140 (additional legal costs and interest) along with Draft Particulars of Claim, (signed by Mr Michael Schwartz) and the Beavis Press Summary.
First question is what do I do as I thought the issue was resolved as they did not respond to my appeal. Do I have any basis to defend on that alone? I cannot make a Popla claim as I never received a letter of rejection to the appeal.
Any help would be greatly appreciated!!!!
A quick summary, I was issued a PCN from Civil Enforcement Ltd (issued 16/12/2014) for not paying to park on 26/11/2014 (£100 fine).
I sent an email into their appeals address on 18th January (within 28 days of when I received the PCN).
I received no reply to my appeal.
As they are a member of BPA I emailed again on 12/02/15 stating "As it has been past the 14 days since I wrote to you with my appeal and you have not replied, I consider my appeal to have been accepted as otherwise would be a breach of the BPA code of practice."
Again I received no response to this email, though I did receive a Parking Charge Notice Reminder that had an issue date of 06/02/15.
I heard nothing again until arriving home from holiday today to a letter dated 12/10/16 detailing Letter Before Action saying the issue is unresolved, an outstanding debt of £140 (additional legal costs and interest) along with Draft Particulars of Claim, (signed by Mr Michael Schwartz) and the Beavis Press Summary.
First question is what do I do as I thought the issue was resolved as they did not respond to my appeal. Do I have any basis to defend on that alone? I cannot make a Popla claim as I never received a letter of rejection to the appeal.
Any help would be greatly appreciated!!!!
0
Comments
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Send a complaint to the BPA for (a) failure to issue a POPLA code (b) failure to cease recovery action whilst an appeal was in progress.
Furthermore, Mr Schwartz has been recently investigated by the SRA, so any untruths in the draft particulars of claim and/or the letter before action should be brought to the attention of the SRA.0 -
I heard nothing again until arriving home from holiday today to a letter dated 12/10/16 ... (signed by Mr Michael Schwartz) and the Beavis Press Summary.
Have you read this?
https://forums.moneysavingexpert.com/discussion/5540919You never know how far you can go until you go too far.0 -
Same advice as this exact same situation:
https://forums.moneysavingexpert.com/discussion/5541865
HTHPRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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