Elite Management Midlands Ltd Appeal

ParkingBad

Hi guys,

Just to give an update on the events so far.
I submitted my appeal on time, actually it was around a few days prior to deadline.
After sending off my appeal, a few days later I receive a letter from ZZPS who is acting on behalf of EMM stating they wrote to me previously about the PCN and that the debt remains unpaid. They further go on to state that the next course of action is to pass the account on to their solicitors, QDR solicitors Ltd. The letter states i have 7 days to pay from the date of their letter. I didnt even get the letter until after the 7 days had passed from the date the letter was even issued. I just ignored the letter as I was waiting on POPLA and thought it was just a scare tactic from them to avoid having to dispute the appeal. They have also bumped up the total amount due.

Now around the 3 week mark since sending off my appeal, having checked the popla website it now states "We have received information and evidence from the parking operator about your appeal. We have started assessing your appeal. You do not need to take any action."
Operator Information and Evidence
Submitted 01/01/0001

Do i not get a chance to review the evidence the operator has submitted?

ParkingBad

Hi guys,

Any help on what I should do next would be very much appreciated.
Still no further progress on POPLA appeal since last post, still mentions "We have started assessing your appeal. You do not need to take any action."
It also mentions "We have received your comments and we will begin your assessment in due course" but i have not provided any comments nor received a copy of the evidence the operator has submitted?

Also, as per previous post the details have now been passed on to the solicitors who have written to say failure to make payment within 14 days may result in the matter being passed on to their litigation department to try and obtain a CCJ.

I'm confused, why have they not waited for the outcome of the POPLA appeal before pursuing this any further and just being persistent on trying to get me to pay? should they not wait for the POPLA decision first? I'm going to continue to ignore just want to know if this is a safe move or should i be responding to them?

Thanks in advance

KeithP

Why don't you phone PoPLA tomorrow morning and ask them what's going on?

Redx

and complain to the BPA by email as a BPA CoP breach due to being chased for the debt whilst a popla appeal is ongoing

attach copies of the pcn and the debt collector letter too , plus the popla appeal code as well. add a brief timeline of events including the date of the popla appeal going in

ParkingBad

KeithP wrote: »

Why don't you phone PoPLA tomorrow morning and ask them what's going on?

Its only been around 10 days since the status changed to state they are now assessing the appeal so I'll give it a bit more time before chasing it up with them but surely the PPC shouldnt be proceeding any further until a decision has been made.

KeithP

ParkingBad wrote: »

...but surely the PPC shouldnt be proceeding any further until a decision has been made.

That's right.

Condition 22.6 of BPA's CoP says:

22.6 When you receive a appeal about the issue of a parking charge, you must stop work on processing the charge immediately. You must not increase the charge until you have replied to the appeal.

It's not clear from the CoP whether they can start the debt recovery process while a PoPLA appeal is in progress. Common sense says they can't.
In fairness, there is a window after the initial appeal has been rejected, until PoPLA advise the operator that a PoPLA appeal is in progress, when the PPC has no idea whether an appeal to PoPLA has been made or not.

nosferatu1001

If you HAVE NOT had sight of the PPCs parking pack, you MUST complain tot POPLA now, as it appears you have not been given the chance. Did you miss an email maybe? checked spam?