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ParkingEye - Aire Street Leeds POPLA Decision - Rejected - Next Steps

124

Comments

  • Le_Kirk
    Le_Kirk Posts: 25,127 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You don't start new threads if your question relates to an existing situation. Send a PM to a board guide (Crabman, Savy, Soolin) and ask them to merge your threads. Give them the thread numbers.
  • AGURRU
    AGURRU Posts: 33 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    Apologies I read the FAQ's which stated to start a new thread. Maybe I jumped the gun on that.
  • AGURRU
    AGURRU Posts: 33 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    I have requested this thread be joined to the other.

    In the meantime does anyone have any answers to my questions above?
  • Umkomaas
    Umkomaas Posts: 43,796 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 August 2018 at 10:13PM
    I dispute the debt but I want to know do I hurt my future defence if I don't respond with a strongly worded letter pointing out the reasons I do not owe them anything?
    Word your response as you like, it's yours after all. The advice in the NEWBIES FAQ sticky, post #2 about how to respond robustly to a LBC is there if you need it.

    Your future defence is a different animal, but you don't want conflicting statements between the LBC response and the eventual defence.
    I am at this stage because my original defence document didn't upload at the POPLA stage, therefore I have a list of defence arguments plus some new additional points to make.
    You wouldn't have been submitting any defence to POPLA, simply an appeal. You can start with that as the basis for your (real) defence. You need to ensure that your defence contains all the points you will rely on, as you can't add to/change them later - well, actually you can, but it will cost you £255 to do so.
    I will draft the response letter and post it here to be reviewed.
    Please post it into your original thread, once you've had this and the original merged. But please explain why you are diverging from the newbies advice if you are asking regulars to spend more of their time to reviewing something off-piste when there's a perfectly adequate template (penned by a practising solicitor - why would you want to ignore that free piece of advice?) available for use.
    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.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I wrote this post earlier this evening:

    It may help you too.
  • Crabman
    Crabman Posts: 9,940 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Duplicate threads have been merged :)
  • AGURRU
    AGURRU Posts: 33 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 6 August 2018 at 1:04PM
    In my response to the LBCCC there is a request for the contract with the landowner?

    I have seen in some threads that people have been told to remove this line in the hope that the Parking company forgets or doesn't submit it in evidence. Should I leave this out?

    I was planning to use the standard template but I am still unsure whether to state all of my arguments in my first reply or wait until i (maybe) get a response from them and then hit them with all of my points.

    My thinking is that they want to keep me in the dark as much as possible regarding their evidence etc so until things progress I should do similar to them? If they are automated claims then my response isn't likely to make much difference?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Dont leave it out. You want to see it.
  • System
    System Posts: 178,376 Community Admin
    10,000 Posts Photogenic Name Dropper
    AFAIR the issue is not the PE/Client contract that is the problem with this site, it is the Client/Landowner one.

    Can't recall any of these claims actually going all the way.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • AGURRU
    AGURRU Posts: 33 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    Yes I presume No contract in their evidence pack would automatically be a huge winning point at court?
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