popla didn't get pdf so i obviously lost , what now?

Coupon-mad

I just tried to see if i could find my original post from last year and it's taken my about 15 mins to refind these messages

If you click on a username (including your own username) you can click 'see posts' in about 0.005 seconds.

(Without prejudice save to costs)

5 The charge is not a genuine pre-estimate of any loss to your company

Remove those (both). No idea where you found that. Somehow you are reading really OLD posts, when you search. Not sure why, we have hundreds of 2017 examples.

Ralph-y

are you using a mobile to browse ?

if so then the use of a PC/laptop will help in navigating the forum ...

Ralph:cool:

delow

Hi there after 6 months of not hearing from parkingeye i got a letter from Equita ltd asking for £160 in full, it says if you do not take action to resolve the mater immediately we may recommend to parkingeye should commence enforcement action and this could involve legal action through the county court !!

this is the last email i sent them
Dear Sir/Maddam

Ref ............ Without prejudice

I note your Letter Before Claim

I continue to deny any liability to your company for the following reasons, any one of which is fatal to your claim :

1 I have the reasonable belief that you have no legal capacity to offer parking contracts
2 I have the reasonable belief that your contract with the land-owner does not authorise you to issue proceedings
3 Your signs do not offer contracts with the motorist
4 No consideration passed from either party and therefore no contract could exist
5 The charge is not a genuine pre-estimate of any loss to your company
6 Even if any debt existed it would be due to the land-owner, not your company

I note that Point #4 of your letter states that you remain open to Alternative Dispute Resolution.
Your letter continues however by stating that this is not, in fact, ADR but merely the possibility of continued written correspondence between us.!

I note that Point #6 refers to your production of a document as proof that you are authorised to operate on site.
I have no doubt that such a document exists but, in the event of legal proceedings, I will require that you clarify your legal capacity to offer parking contracts and your authority to pursue legal action as specified in the BPA Code of Practice, to which your letter refers :

7.1 If you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed
agent) before you can start operating on the land inquestion. The authorisation must give you the authority to carry out all the aspects of the management and
enforcement of the site that you are responsible for.

In particular, it must say that the landowner requires you to keep to the Code of Practice and that either you have the authority to pursue outstanding parking charges, through the courts if necessary or that you have the authority to pursue outstanding parking charges and, with their permission, through the courts if necessary

In the event of legal action I will ask the court to order your company to produce the contract

I reserve the right to state further reasons why I deny any debt when I receive a fully compliant Letter before Claim in accordance with Annex A of the Practice Direction for Pre-action Protocol.

Please inform me of your decision regarding the availability of ADR within fourteen days

Yours Faithfully

Should i email equita or parkingeye or do i not need to reply to either and wait for a court letter ? thanks

KeithP

Are you saying Equita have sent you a LBC?
That is unheard of.

Is it really a LBC that you have received or is it a typical debt collector's letter?
Words like "we may recommend" give it away.

Have you sent that email?

It is very old. There hasn't been an Appendix A in the Practice Direction for many years.

Please reconsider your use of Without Prejudice.

Umkomaas

Should i email equita or parkingeye or do i not need to reply to either and wait for a court letter ?

No further contact. Equita are debt collectors and should be ignored (see NEWBIES FAQ sticky, post #4). They are a sister company to PE and from what we've seen over many months, PE farm out 'debts' to them where they are unable (contract principal won't allow) or are on too thin ice to proceed to court.

Rest assured, if PE had a strong enough case, you would have been served with court papers by now.

Ref ............ Without prejudice

Why did you mark your letter to PE 'Without Prejudice'? What were you wanting to achieve by using 'WP'?

delow

It doesn't say lbc on the letter , the last letter i received from parkingeye in January was a letter before claim which i replied with that email.This letter i think is suggesting that the've sold the dept but also that if i dont pay parkingeye could take me to court? . Then they have put in a paragraph about parkingeye vs beavis 2015, Equita don't have an email address on the letter either just a phone number. Im sorry that the 1st part of my thread has not been attached but this has been going on for at least a year now and all because i was 11 mins late at tower road Newquay , i did a popla appeal which i spent ages getting all the info from this forum ( 9 pages) and attached it as a pdf which popla didn't get or bother to tell me that they hadn't received any info so that is why i lost the appeal

delow

I found that email in part on this forum but as it says in some of the reply's it was obviously from an old old post , i thought that they were a part of Pe from some of the wording in the letter . So best form of attack is to leave it and wait for them to become board of sending me letter's? thanks

Umkomaas

So best form of attack is to leave it and wait for them to become board of sending me letter's?

That's about the sum of it.

I always add the caveat that should court papers be issued (by PE, because Equita can't), come back to the forum on this thread for further advice. But I don't expect to see you back!

beamerguy

Umkomaas wrote: »

No further contact. Equita are debt collectors and should be ignored (see NEWBIES FAQ sticky, post #4). They are a sister company to PE and from what we've seen over many months, PE farm out 'debts' to them where they are unable (contract principal won't allow) or are on too thin ice to proceed to court.

Rest assured, if PE had a strong enough case, you would have been served with court papers by now.

Hope it's ok but I have added your comment above to the
debt collector thread
https://forums.moneysavingexpert.com/discussion/comment/74439905#Comment_74439905

delow

thanks , i just had a quick read through the newbies thread and it does cover most of this so i'll have a goof read through tomorrow . Thanks for your help thus far