Passed onto a different firm despite SRA complaint, what now?

Sploing

So here is the response from WH, needless to say I haven't received one from CEL:

"With reference to your recent correspondence, the contents of which have been duly noted.
When you received the initial notification of a Parking Charge Notice (PCN) it will have stated the date of tre PCN. whch will usually be called the contravention date, you had g days from this date in which you

could have appealed the PCN. Upon receipt of a response to the appeal you will have been provided with a Parking on Private Land Appeals (POPLA) reference.

POPLA is independent of all parties to appeals, including the operator and the British Parking Association, as are the Assessors who make the determinations. An appeal to POPLA must have been made within

28 days. As you have not appealed within this timeframe your account has been passed to ourselves to recover.

Please note if you can provide proof that you have an appeal which was either upheld or is being dealt With by POPLA we will be happy to action your case accordingly.

Our client feels there is sufficient evidence to pursue this PCN and have maintained their instruction to recover the outstanding balance.

in light of the comments made about your correspondence with Mr Schwartz we have referred this to our client and the matter will remain on hold during this time.

We look forward to hearing from you in regards to this matter. "

I'm planning to write back along the lines of "This is the Nth time you've threatened to sue me, if you're so confident just get on with it"

Any thoughts?

Thanks

Umkomaas

I'm planning to write back along the lines of "This is the Nth time you've threatened to sue me, if you're so confident just get on with it"

Any thoughts?

The way to deal with a bully is often with a sharp smack to the snout; I believe telling them to get on with it will deliver!

The_Deep

You have previously been told about data Protection issues, have you read this?


http://www.parkingcowboys.co.uk/data-protection-act/

Sploing

Yes, I mentioned the DPA issues in my last letter to them

Sploing

It's taken me a while but this is my response to the letter I posted above, I'd be grateful to hear your thoughts, thanks.

Sploing

"Dear Mr Hawker,

Thank you for your letter dated 18th January 2017, unfortunately, but somewhat predictably, I have not received a reply to my letter of 10th January 2017 from Mr. Schwartz.

With regards to your comments about POPLA I should point out that in my previous correspondence with Mr. Schwartz I informed him in no uncertain terms that his claim was disputed and invited him to issue a POPLA reference so that the matter might be dealt with swiftly, needless to say I received no response from Mr. Schwartz to that or indeed any other letter.

Mr. Schwartz’s failings aside, I am sure you aware that the existence or otherwise of a determination by POPLA has little to no bearing on the likelihood of your client’s case succeeding.

Since your client’s Notices to Keeper do not comply with the provisions of the Protection of Freedoms Act 2012 limiting them to pursuing the driver and not the registered keeper their only prospect of success would be to prove that I was, in fact, he driver at the time of the incident; this will be impossible since, as I have already made clear and demonstrated, I was not in the UK at the time.

You mention that your client feels there is sufficient evidence to pursue this PCN; I suggest that if your client really were so confident in their claim they would have simply issued it immediately following their Letter Before Action dated 5th October 2016.

Finally, my letter to you dated 10th January 2017 made it clear that you were to treat it as a notice under S.10 of the Data Protection Act, your reply dated 18th January 2017 made no reference to how you plan to address my complaint about you mishandling my personal data, as such I will be making a complaint to the ICO and will consider seeking damages for the distress caused by your continued breaches of data protection."

Fruitcake

You have one minor typo, but it looks good to me otherwise.

Since your client’s Notices to Keeper do not comply with the provisions of the Protection of Freedoms Act 2012 limiting them to pursuing the driver and not the registered keeper their only prospect of success would be to prove that I was, in fact, he driver at the time of the incident; this will be impossible since, as I have already made clear and demonstrated, I was not in the UK at the time.

Of course, the driver may well have been a he.

Sploing

Just a quick update for you all.

Firstly, thanks for all the help.

Secondly the companies involved have now given up chasing my mum, I would like to pursue them for the breaches of DPA but she's just happy it's gone away and so I'll probably leave it there.

Finally, the complaint I made to the SRA about Michael SCHWARTZ has been dealt with as follows:

"On 23 February 2017 Mr Schwartz appeared before the Solicitors Disciplinary Tribunal. The Tribunal ordered that Mr Schwartz be suspended from practise as a solicitor for a period of 5 years with effect from 9 September 2016"

I'm chalking this one up as a win.

Thanks again,

Sploing

Coupon-mad

Well done! We knew about the Schwartz situation as there were various complaints about him.

Have they confirmed they have stopped, or has it gone quiet? If the latter, keep all the paperwork in case they resurrect it with a claim much later on, years later.

Sploing

Well, things have developed since my last post.

A claim was issued against my mum of 07/04/17.

She acknowledged it through the online portal on 17/04/17 and submitted a defence on 30/04/17 which according to the portal was received on 02/05/17, she received no further communication from CEL or the courts until 25/06/17 when she received a DQ from the court.

The online portal says the claimants submitted their DQ on 26/06/17.

Am I correct in thinking that since CEL did not respond to the defence within 28 days the ought to have been stayed and is the issuing of a DQ by the court a part of this process?

Any advice will be gratefully received.

Thanks,

Sploing

Coupon-mad

Am I correct in thinking that since CEL did not respond to the defence within 28 days the ought to have been stayed and is the issuing of a DQ by the court a part of this process?

No, they don't have to reply to defence. This is normal at the moment for CEL claims, others have said the same.

And the issuing of a DQ is normal for a CEL case now, they are pushing them to that stage, maybe to scare people. Follow the guide on DQ stage as posted by bargepole in the link about DQ stage, in post #2 of the NEWBIES thread.