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POPLA Appeal- REBUTTAL DRAFT - PCN from Premier Park - 7 minutes!

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  • Coupon-mad
    Coupon-mad Posts: 151,970 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 18 November 2017 at 3:05PM
    When would letters being sent be considered harassment? Anyone ever gone down that route?
    I know this because I was harassed/stalked by someone (malicious unwarranted and aggressive communications and lies, including virtually tracking me down to my workplace, probably via my DD's social media account) and of course, I went to the Police about them.

    Harassment is defined in this Act, as a 'course of conduct' described here:

    https://www.legislation.gov.uk/ukpga/1997/40/contents

    However, the debt firm would say they had a reason to write to you re the parking charge:
    (3)Subsection (1) [F4or (1A)] does not apply to a course of conduct if the person who pursued it shows—
    (a)that it was pursued for the purpose of preventing or detecting crime,
    (b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
    (c)that in the particular circumstances the pursuit of the course of conduct was reasonable.
    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
    edited 18 November 2017 at 3:11PM
    I have re-read it but thank you so so much for your comments. You've put my mind at ease and restored my resolve to beat this stupid thing. It does make me so cross that they can intimidate without it being illegal. When would letters being sent be considered harassment? Anyone ever gone down that route?

    Well of course it is harassment but sad to say a difficult
    one claiming.

    Unfortunately, when POFA 2012 was introduced, the
    government was conned into believing that the two
    ATA's which these parking companies have to belong
    to for DVLA details, would behave themselves but of
    course they have not and so it turned into a big scam
    and the government is still being conned.

    There is a MP's private members bill due out in early 2018
    and we hope this will scupper these scammers.
    You should ask your MP to support this.

    The rules about taking people to court changed 1st Oct
    which means the scammers have now many hoops
    to jump through and as we are seeing, the scammers
    are failing to abide by the new law
  • Umkomaas
    Umkomaas Posts: 43,373 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Unfortunately, when POFA 2012 was introduced, the
    government was conned into believing that the two
    ATA's which these parking companies have to belong
    to for DVLA details, would behave themselves but of
    course they have not and so it turned into a big scam
    and the government is still being conned.
    There was only one ATA at the time of PoFA (BPA) and it was their mistruths, smoke and mirrors that persuaded the Government that the courts would be far less burdened than previously if Keeper liability was included.

    In those days there was hardly any court case anywhere - now look at the daily lists.

    And like any swirling predator, with huge amounts of money in their sights, it wasn’t long after that Messrs Hurley and Davies spawned the IPC.
    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
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