Appeal lost and not given Popla code

financerulez

Tbf I think it is worth writing if you can get them to acknowledge they have no chance of success. It's not pleasant receiving 'scary' letters from debt collectors, and having your details passed around. Can be avoided, if the firm realise you're in the know, and admit they're wrong.

If they still don't accept it after a few tries, then I agree ignore, but 10-20 mins to potentially avoid future letters worth it IMO. Also in theory prevents them drumming up a County Court Claim 5 years and 11 months down the line, on the hope you've moved / forgotten about it!

twhitehousescat

financerulez wrote: »

Tbf I think it is worth writing if you can get them to acknowledge they have no chance of success. It's not pleasant receiving 'scary' letters from debt collectors, and having your details passed around. Can be avoided, if the firm realise you're in the know, and admit they're wrong.

If they still don't accept it after a few tries, then I agree ignore, but 10-20 mins to potentially avoid future letters worth it IMO. Also in theory prevents them drumming up a County Court Claim 5 years and 11 months down the line, on the hope you've moved / forgotten about it!

but would any changes in law be backdated?

nosferatu1001

That isnt a change in law, thats them pursuing a CONTRACT debt claim, which has a limitation of 6 years.

Gutsygirl90

Hi All,

So I had this reply to my response...

Good afternoon,

We are in agreement that POFA 2012 bares no relevance to this matter, under Railway Byelaw 14, you will remain the liable party.

The balance of this Penalty Notice is as stated on the signage on site, there is no requirement for this to relate to cost incurred.

As we do not operate the site and did not issue this Penalty Notice, we are unable to provide you with photos of the signage on site. You are free to request this from the car park operator or return to the site.

The details were requested from the DVLA within 6 months of the contravention, therefore, the correct procedure has been followed.

Kind regards,

Now I have had a letter and email regarding a £70 admin charge on top of £100...

how do I proceed? please help... can someone draft a reply for me please!

twhitehousescat

well they clearly state bylaw 14 , and the date of your ticket was last august

they cannot now change this to contact law

game over for them

dont even bother replying

Johno100

aliceaylmer wrote: »

Hi All,

So I had this reply to my response...

Good afternoon,

We are in agreement that POFA 2012 bares no relevance to this matter, under Railway Byelaw 14, you will remain the liable party.

The balance of this Penalty Notice is as stated on the signage on site, there is no requirement for this to relate to cost incurred.

As we do not operate the site and did not issue this Penalty Notice, we are unable to provide you with photos of the signage on site. You are free to request this from the car park operator or return to the site.

The details were requested from the DVLA within 6 months of the contravention, therefore, the correct procedure has been followed.

Kind regards,

Now I have had a letter and email regarding a £70 admin charge on top of £100...

how do I proceed? please help... can someone draft a reply for me please!

You posted that response on 6 March (post #13). Or have they written exactly same thing to you again?

waamo

Reply with

Dear morons

You are way beyond the 6 month limit to initiate a prosecution and as such I refer you to the case of Arkell vs Pressdram.

Yours

Xxx

financerulez

Dear Sirs

The alleged incident occurred on [date]. This is longer than 6 months ago. There can be no prosecution for an alleged byelaw breach after 6 months under Magistrates' Courts Act 1980 s127(1) as stated in my previous email.

I dispute any alleged breach and this is causing me substantial distress. If you want to prosecute the alleged byelaw breach which has now passed the limitation period, please first write to parliament asking them to change the Magistrates' Courts Act 1980. Please note you will also need them to amend the Acts of Parliament (Commencement) Act 1793 and Article 7 of the European Convention on Human Rights which prohibit retrospective criminal laws. Once these have been amended please feel free to contact me again, but until that point I will refuse any correspondence and will pursue a claim for harassment if you continue to attempt to harass me over this made-up charge.

If I receive any further correspondence other than to state that this matter is closed, you can expect my response to be a letter before action.

X

Coupon-mad

And in the meantime I have forwarded your unlawful demand to my MP and to Trading Standards.

financerulez

(And if they do respond again with any claptrap, I would suggest you do actually sue them for harassment. You won't get much, but they will sh*t themselves, and think twice about acting like this for someone else. Plus the judge will tell them to stop contacting you. We will guide you on your claim.)