POPLA unsuccessful

Quentin

The newbies faq thread (#2) advises on how to deal with a lbcca.


(No-one here will advise you to pay!!)

AIMINGHIGH123

After posting I have spent the last hour reading through the newbies.

I feel a bit out of my depth but will give it a go.

nosferatu1001

email back to the enforcement@ address
State you are disputing the result with POPLA...

Then chase them up.

Coupon-mad

Just search the forum for the stage you are at, in this case: ParkingEye LBCCC

AIMINGHIGH123

Ok I have emailed POPLA to chase them up. It has been well over a month since my first email to them.

In the meantime I have looked through the information on this site.
I’m not really sure what I’m doing but should I send PE something like this.

Dear Sirs,

I am in receipt of your Letter Before Court Claim.
Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon.

You must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.

Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat this letter as a formal request for all of the documents / information that the protocol now requires your client to provide. You must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order you to comply with its pre-action obligations, and when costs come to be considered.

Your solicitors must be familiar with the requirements of both the Practice Direction applicable pre-1 October and the Protocol which applies thereafter. You must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time.

I require the following information/documents:

1. an explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. Is the claim for trespass? If so, provide details.
7. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1 “establishing yourself as the creditor”
8. a plan showing where any signs were displayed
9. details of the signs displayed (size of sign, size of font, height at which displayed)
10. Provide details of the original charge, and detail any interest and administrative or other charges added
11. Provide a copy of the Information Sheet and the Reply Form


If you do not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) – Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Until you have complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for you to issue proceedings. Should you do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.


Yours faithfully

Half_way

Why haven't you made contact with the landowner?

AIMINGHIGH123

I spoke with hotel at the time when I couldn’t pay and they said there had been problems with the machine and not to worry.
Called them when I first got a PCN and they basically said it’s not there problem and they don’t have any management over the car park.
Is that not the case then?

DoaM

Unless PE lease the car park from the hotel (VERY unlikely) then PE are merely agents working for the principle (the hotel). As such the hotel can DEMAND the PE cancel the PCN ... your problem will be in getting past reception and speaking with the hotel manager to make him/her see that the dog barks, not the tail wags the dog.

AIMINGHIGH123

Ok I have had an email back from hotel. They are willing to supply me with a receipt of parking payment. It doesn’t state the time but states payment was made on the day in question.
They couldn’t email PE directly as they said the agreement they have with PE only allows 2 months for them to get involved. They were very apologetic and stated I was misinformed before but said it is the agreement they have with PE.

Shall I just send that copy to PE now or do I have to write a solid case?

beamerguy

AIMINGHIGH123 wrote: »

They couldn’t email PE directly as they said the agreement they have with PE only allows 2 months for them to get involved. They were very apologetic and stated I was misinformed before but said it is the agreement they have with PE.

Amazing and a stupid hotel for signing that

By the time the appeal goes to PE, they reject it,
it goes to POPLA ...... so odd, those 2 months are
up ...what a scam ???

Answer must be that where PE are involved,
get it cancelled by the principal upon receipt
of the NtK ..... WITHIN 2 MONTHS.

I wonder if Steve Clark of the BPA would
like to comment on this little wheeze by PE ?

Maybe the Which Magazine and Sir Greg Knight
could look at this as a restriction ???