POPLA Appeal unsuccessful - PLEASURELAND MORECAMBE any help appreciated

Coupon-mad

This second LBCC form they've given me 30 days to respond which is up today so even if I post response am out of date.

No you are not, because you can email them tonight with 'Formal Reply to LBCCC - PCN xxxxxx/xxxxxx - vexatious, unwarranted threat of claim - cease and desist':

enforcement@parkingeye.co.uk

Can I just send back the form ticking the dispute box to give me time to defend or would it be advisable to put together letter with full defense and send together?

You are not at defence stage, nor do you have to fill in the reply forms. You are at LBCCC stage again, and PE can be seen off with a decent argument at this stage to their Enforcement Team. I have achieved a cancellation at this stage myself, more than once, by being really robust in reply.

Just email and tell them they have no cause of action, any debt is disputed and liability for any sum is denied, and that you will claim punitive costs on the indemnity basis, should they vexatiously proceed to trial based on an unwarranted charge for a few minutes (not entering into any contract) where a car left a site within a perfectly reasonable grace period, as confirmed by the BPA themselves.

Since the PCN had spurious photos of the car entering and leaving at an alleged '10 mins 43 seconds' (unproven timings) and ANPR is well known not to be reliable to the second. Even the Police, NASA and Buckingham Palace* don't claim that about their systems!

Then copy most of point #1 from this POPLA appeal (obviously, REMOVING the poster's asides and comments where he wrote things like ''needs the details from here...''):

https://www.dropbox.com/s/p7ltb9rcr6zy7kn/Appeal_stage2_POPLA_ECP_draft5.pdf?dl=0

That POPLA appeal is a thing of beauty and was by MikeHammer. I am NOT saying write a POPLA appeal, nor to use the word ''appeal''. I am saying use his words about grace periods to completely nail the argument, by email tonight to PE to see them off.





* these 3 examples are deliberate, PE use them in POPLA appeals, so use them back at PE to make a point that they will understand!

Angels44

Thank you Coupon-mad I really appreciate you taking the time to respond and include specific points. Email on the way. I agree submitting a robust and assertive response is key. I did post the reply but only ticked the dispute debt box and asked them to send me a copy of the contract between PE and the landlord authorising PCN to be issued on their land. I!!!8217;ll persist. Very thankful this forum is here with some fellow justice fighters...

Quentin

Throughout here you are advised never to reveal who was driving.

You need to edit your post to remove details of who was driving

The ppcs monitor this forum and can use your posts against you

Angels44

Ok will do. Thanks !!!

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences.

Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They nearly always lose) and have been reported to the regulatory authority by an M.P.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

Angels44

I will def follow up with MP. The scaremongering tactics are failing on me now. Especially knowing you have all beat the corrupt system that it is.

Dec075

Hello


they have sent me the same letter for my alleged parking within the chiquito restaurant spaces and going to the moves at odeon next door

there were no other vehicles shown in the pictures they sent me within that area at the time



This letter is from their Chorley-Preston department and cites 30 days to pay their fine or face court costs. they state they have sent me mail prior to this letter but i am not in receipt of any?


Thank you for your assistance in advance and please excuse my naivety here if i have posted my issue incorrectly


Regards

Quentin

Before posting you are politely asked to read up on this in the newbies FAQ thread near the top of the forum

#2 there covers court claims from receipt of the lbcca right through to the hearing

After getting up to speed on this if you want any more information you must start your own thread and not hijack someone else's like this