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Can i still appeal or shall i pay?

2

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  • Thanks RedX, but what i meant was that i got the email response on the 1st. Timeline is

    Incident: 29/08
    PNO sent: 3/10
    PNO received: 6/10
    Appeal sent online: 30/10
    Email response: 1/11

    So i'm assuming i have 21 days after the email to respond (to the email)
  • Umkomaas
    Umkomaas Posts: 43,772 Forumite
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    So i'm assuming i have 21 days after the email to respond (to the email)
    You’ve already submitted your initial appeal, which has been rejected. I’m not sure where you’ve got 21 days from. You can respond to their rejection whenever you want - it’s not part of the formal process, but you need to keep engaging with them to drag out the 6 months.

    Obviously the longer you leave it the nearer it gets, but you don’t want to leave it too long. But there’s no given wisdom on ‘how long is long enough’. I would have thought that 21 days could be ok.

    If you’re going to play letter tennis with them I wouldn’t load too many questions in one go. Save some for future letters. Also don’t make the questions too difficult for them, keep them engaged - and eat up the time.
    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.

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  • OK Guys so I sent the following email
    Dear Sir

    Thank you for your response. I am seeking advice as suggested and formulating a full response with detailed points, however in your response to my notice, there were a few points that were unclear and vague and i would seek a number of clarifications before we progress any further.

    You state that this matter will "progress accordingly". Can you provide clear and specific description on what the full process is alongside with timelines and who and which authorities are involved. Please note that there is no reference to this process in the "Penalty Notice" that I received as the Keeper or in any other correspondence from yourselves.

    In your more recent email correspondence you threaten that "further fees will be incurred". Once again, can you provide clear and specific description as to what the further fees to be incurred are. Specifically how much are these fees, for what grounds you are charging me for them and to whom are they payable?

    I look forward to hearing from you

    and got the following response today
    Good afternoon,

    Thank you for your email.

    Please note, as this account has progressed to the debt recovery stage the options currently available are to either pay the outstanding balance in full or allow this account to progress accordingly.

    Our client feels there is sufficient evidence to pursue this PN and have maintained their instruction to recover the outstanding balance. If the account remains unresolved it will progress to the legal stage and be passed to the solicitors.

    The further fees that will be added will be the solicitors fees.

    Clearly these guys wan to pursue aggressively and are ignoring my questions.

    What options - continue email tennis?
  • Coupon-mad
    Coupon-mad Posts: 155,642 Forumite
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    Yes, ask whether this is an allegation of contractual breach? And ask for evidence.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Yes, ask if they are pursuing this under byelaws, contractual breahc, trespass or some other basis?

    State that this is in accordance with the overriding objectives of the CPR and that refusal to answer such questions will be used to demonstrate unreasonable conduct pursuant to CPR27.14(2)(g)
  • I haven't asked any of the questions you have suggest above yet (plan was to stagger the questions) and will go back and do that. On a side note, why am i not entitled to POPLA, having done loads and loads of reading i thought i was?
  • Not really getting any answer from them, have asked about bylaws, contractual breach, process,

    On refusal to provide Popla they mentioned
    From the 01 December 2017, our client Indigo Park Solutions UK LTD have decided to no longer issued POPLA code for a Penalty Notice. This is due to changes in the Railway Bylaws.

    and for now they continue to progress through whatever their process is and are insisting i pay.
    Please note, as this account has progressed to the debt recovery stage the options currently available are to either pay the outstanding balance in full or allow this account to progress accordingly.

    They should be sending another letter soon so let's see how this progresses
  • Happy New Year everyone.

    I've asked zzps customer service all the questions discussed above, and have not received many responses. Over the holidays got an email response from them that they have now forwarded my case to QDR Solicitors and have asked me to direct all future correspondence to QDR at info@qdrsolicitors.com.

    Anyone know who QDR Solicitors are? And should i wait for QDR to send me something in post/email or is there something I need to do?
  • Fruitcake
    Fruitcake Posts: 59,481 Forumite
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    edited 2 January 2018 at 3:57PM
    You said they sent you this.

    "From the 01 December 2017, our client Indigo Park Solutions UK LTD have decided to no longer issued POPLA code for a Penalty Notice. This is due to changes in the Railway Bylaws."

    Who are "they", because what they have said isn't true? There have been no changes in Byelaws, although there may be soon unfortunately.

    I would suggest that you wait to see what happens next. You have been nice and asked questions but haven't received any sensible replies. They have refused to reply with sensible answers.

    Meanwhile, please add your comments to the WHICH thread.

    https://forums.moneysavingexpert.com/discussion/5765579

    State how you are being hounded by an unregulated private parking company who has refused to allow you access to ADR despite this being your right, and are pretending to have an authority to claim moneys to which they are not entitled, and have no authority to make such demands.
    Also state that you are being hounded by debt collectors as a result of being refused the right to appeal, and the debt collectors have lied to you.

    You should also complain to your MP and ask them to confirm that they will be supporting the private members bill concerning the unregulated parking scamdustry.
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  • Fruitcake wrote: »
    Who are "they", because what they have said isn't true?

    This was in an email from customerservices@zzps.co.uk

    Also will do as you ask on the which thread.
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