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Parkingeye ticket Tower Road, Newquay

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13

Comments

  • dkmaxx
    dkmaxx Posts: 19 Forumite
    i will do thank you very much :)
  • dkmaxx
    dkmaxx Posts: 19 Forumite
    My Appeal was declined,

    Lots of things ignored,

    They accepted a white list lookup, when i asked for proof that the pay and display and APNR are linked.
    They accepted a witness statement, over providing the contract.
    Size of contract lettering of the signage, they just refer to my responsibility.
    I asked for proof of were i was parked in relationship to the signage, not provided.
    I posted the for decline on the appeals page.
    where do i go from here ?
  • Umkomaas
    Umkomaas Posts: 43,351 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Sorry you weren’t successful at POPLA. Thanks for your update.
    where do i go from here ?
    The POPLA decision is not binding on you, so there is no compulsion on you paying it.

    It does however open the way for PE to pass over your details to powerless debt collectors who can only send irritating letters threatening all sorts, but not able to carry out any of them. See the NEWBIES FAQ sticky, post #4 on how to deal with debt collectors.

    It also opens the way to PE to instigate a small claim against you in the county court. They are litigious, but if I’m honest I can’t recall ever seeing a Tower Road case going to court. There are some contracts that PE have that seemingly preclude them taking customers/motorists to court - Aldi is a particular case. Others might comment on any recollection on Tower Road.

    If they do issue small claims court proceedings, we can help you with defending.
    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
  • dkmaxx
    dkmaxx Posts: 19 Forumite
    ok thank you, i have read the sticky 4# so in short ignore don't respond and if i move let them know via letter so if a court case comes through then i can respond. other wise ignore and wait for a court case.
  • Umkomaas
    Umkomaas Posts: 43,351 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    dkmaxx wrote: »
    ok thank you, i have read the sticky 4# so in short ignore don't respond and if i move let them know via letter so if a court case comes through then i can respond. other wise ignore and wait for a court case.

    You’ve got it. :)
    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
  • dkmaxx
    dkmaxx Posts: 19 Forumite
    ok so it looks like they have skipped the handing it over to debt collectors stage and have gone straight for the, if you do not act then we will take you to court" letter they make reference to a case with a judgment on the 4th November 2015 involving Barry Bevis and how it went in their favor.
  • Quentin
    Quentin Posts: 40,405 Forumite
    The newbies thread (#2) covers how to deal with a lbcca
  • dkmaxx
    dkmaxx Posts: 19 Forumite
    thank you just reading through that now :) expect an update shortly :)
  • dkmaxx
    dkmaxx Posts: 19 Forumite
    Ok I have read the Sticky #2 and i have a few questions on the back of the Annex A Para 2:

    1) there is nowhere on the LBCCC that says i should respond in 14 days they have said 30 is this a trick ?? so is this 14 or 30 ? ?
    2) they are tweeking the letters as they talk about breach of contract, the time and date and location but no more detail than that, so are they covering all points required of Annex A para 2?
    3) they haven't given me a breakdown of how this charge was worked out.

    2.2

    1) they are claiming its impossible to state what documents are required but on the sticky they are supposed to provide me with them before the defense is filed is this right ?

    finally the template letter,

    They have provided an email address on the LBCCC so can i email or is it safe to post ??

    many thanks
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What is this 'Annex A' you are talking about?

    The October 2017 pre-action protocol for debt claims insists that 30 days notice be given in a LBC before court action is commenced.


    The word you are struggling to spell is defence.
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