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Quick Question regarding PoFA compliance

24

Comments

  • pvt
    pvt Posts: 1,433 Forumite
    edited 6 May 2017 at 9:17AM
    UPDATE:

    Followed the suggested process and sent off the appeal letter recommended in the sticky. I added a request for the name of the debtor and the "period" of parking as required by PoFA, as neither were in their NtK.

    Their response is to state that they are "Not Obliged" to give the name of the land owner, and they have simply ignored my request for the period of time etc. Interestingly, although I stated clearly that I was not the driver, their rejection letter clearly says "You parked..."

    I cannot get near enough or high enough to take a picture of their signage that is readable (which speaks volumes about its suitability), and they haven't provided a copy of it as requested either.

    The sticky recommends not appealing to the IAS kangaroo court. Is that still the advice?
    Optimists see a glass half full :)
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    Engineers just see a glass twice the size it needed to be :D
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    pvt wrote: »
    UPDATE:

    Followed the suggested process and sent off the appeal letter recommended in the sticky. I added a request for the name of the debtor and the "period" of parking as required by PoFA, as neither were in their NtK.

    Their response is to state that they are "Not Obliged" to give the name of the land owner, and they have simply ignored my request for the period of time etc. Interestingly, although I stated clearly that I was not the driver, their rejection letter clearly says "You parked..."

    I cannot get near enough or high enough to take a picture of their signage that is readable (which speaks volumes about its suitability), and they haven't provided a copy of it as requested either.

    The sticky recommends not appealing to the IAS kangaroo court. Is that still the advice?

    The PCM muppets will not discuss with you, any PPC that belongs to the Gladstones IAS sham are just scammers and low life

    Do your homework to find out who the landowner is, they are not invisible. Maybe PCM HAVE SOMETHING TO HIDE
    Most here will say do not appeal to the kangaroo IAS but you have a case to do so and part of your appeal will be the refusal of PCM to provide information requested
    The children that run the IAS will probably ignore it and also reject it. The point of this is to show a judge (if it gets that far) that you have tried and been ignored by an ATA

    Thereafter, just wait, ignore all silly debt collectors and see if PCM try to take it further.

    Do remember that judges are wise to the scam and would not take kindly to a company who refuses to provide information

    It's no difference to a bank chasing you for money but refuse to give you further information
  • pvt
    pvt Posts: 1,433 Forumite
    Thanks Beamerguy,

    I am fully aware that the appeal would be rejected. What I am curious about is whether there is considered to be any downside to making that appeal?
    Optimists see a glass half full :)
    Pessimists see a glass half empty :(
    Engineers just see a glass twice the size it needed to be :D
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    pvt wrote: »
    Thanks Beamerguy,

    I am fully aware that the appeal would be rejected. What I am curious about is whether there is considered to be any downside to making that appeal?

    There is no downside except you will waste your time with the kangaroos

    In your case though, it would be handy to show a judge that your efforts to mitigate were ignored
  • Umkomaas
    Umkomaas Posts: 44,330 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 May 2017 at 1:49PM
    What I am curious about is whether there is considered to be any downside to making that appeal?
    I would say there is a downside. If (as likely) you lose at the IAS, the PPC might be encouraged to pursue you in the small claims court. Gladstones, with their incestuous links to the IPC and IAS, may well encourage the PPC to sue.

    They might say to a Judge that your initial appeal to the PPC was rejected, as was your second stage appeal to the 'independent' IAS - also turned down. They will remind the Judge that the IAS is 'independent', it is approved by government via their DVLA agency, and it is, separately, approved by the Chartered Institute of Trading Standards as an official provider of ADR (Alternative Dispute Resolution).

    Could sound pretty impressive, so you'd need to be rebutting all of this before you even start on presenting your defence. You need to weigh up the pros and cons.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • pvt
    pvt Posts: 1,433 Forumite
    And 20 months later, MCOL claim has just turned up.

    Intend to defend it.

    Curious to hear what the current view is on responding with a counterclaim - I did warn in my first letter to the PPC that I would do so, but curious to know whether that forces them show up rather than cry off at the 11th hour, and is therefore still considered a good tactic?

    Do I have to decide whether I am making a counterclaim before I acknowledge service? Or can I leave that 28 days like the defence?

    Also I did a SAR to the PPC about a week ago in anticipation, but I doubt I'll get their response before I need to file the defence.

    All help & advice welcome.
    Optimists see a glass half full :)
    Pessimists see a glass half empty :(
    Engineers just see a glass twice the size it needed to be :D
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What is the Issue Date on your Claim Form?
  • Coupon-mad
    Coupon-mad Posts: 160,770 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Only do a counter claim if you have grounds to do so. In most cases the answer is no.
    PRIVATE '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 THREAD
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    pvt wrote: »
    And 20 months later, MCOL claim has just turned up.

    Intend to defend it.

    Curious to hear what the current view is on responding with a counterclaim - I did warn in my first letter to the PPC that I would do so, but curious to know whether that forces them show up rather than cry off at the 11th hour, and is therefore still considered a good tactic?

    Do I have to decide whether I am making a counterclaim before I acknowledge service? Or can I leave that 28 days like the defence?

    Also I did a SAR to the PPC about a week ago in anticipation, but I doubt I'll get their response before I need to file the defence.

    All help & advice welcome.

    I don't think anyone here says respond with a counterclaim, you will not be on Judge Rinder

    Your defence is the key to your win and then you can claim costs against them

    They have 30 days to respond to a SAR
  • pvt
    pvt Posts: 1,433 Forumite
    KeithP wrote: »
    What is the Issue Date on your Claim Form?

    20 February
    Optimists see a glass half full :)
    Pessimists see a glass half empty :(
    Engineers just see a glass twice the size it needed to be :D
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