debit collector despite successful POPlA

nothappywiththis

Dear all:

I was issued with NTK due an alleged breach of parking contract by APCOA . I appealed that based on lack of use of scheduled 4 POFA 2012. they refused the appeal , however before receiving the appeal decision they already send debit collector letter ZZSP (6 days before the formal rejection letter)

I appealed to POPLA , and yesterday (13/6) i got an email from POPLA confirming that APOCA chose not to contest the appeal and that i do not have to pay. however there was a huge mistakes with the rejection letter (they quote a location more then 200 miles from where the alleged breach took place) and i am not even sure if the POPLA number they have sent is linked to my case or someone else (he/ or she would be lucky as i did the work on their behalf :rotfl: )

today I got another letter from ZZSP dated 11/6 asking for payment or they will pass the case to the selictor.

I have already complaint to BPA (on 7/6) against APOCA as they have breached their COP in several area and i received an email (12/6 ) that they are awaiting APOCA response.

my question are:

1- should i just ignore the last ZZSP letter as it was pre POPLA response although it gives me a 7 days ultimat, or should i just email them to inform them that POPLA decsion was in my favour and they shouold stop thier silly games.

2- should i write to BPA again regarding these new developments.

3- is there a way to send either of APOCA or ZZSP (who is BPA member to my surprise ) a letter to inform them if they continue with this i will consider this harassment and i will ask them for pay back for the time wasting and to force them to remove my details from their records (i think there is some law about that)

thank you all for any advise

Coupon-mad

Yes, (3):

Send them both a letter or email headed:

'Cease and Desist - Letter before Claim for Data Protection breach and harassment'

...and state what you said above, telling them to do one or be sued for, say £750 for breaches of the GDPR and the DPA and the PFHA.

nothappywiththis

thanks for the response, sorry would you be able to spoon fed the letter, which part of my previous post should i include
thanks again for much appreciated help

Coupon-mad

No I never spoon feed letters, people really can write them.

It took YEARS before I wrote the templates in the NEWBIES thread, under protest, by necessity. Spoon feeding is really not my thing.

nothappywiththis

i meant which part to include ? every thing ?, but thank you any way for the interest

Coupon-mad

Do a draft letter with the facts, and mentioning breach of those Acts (Google the acronyms I listed above), and with the heading I told you. In the last paragraph explain that you will sue for £750 if they persist, and give a timeline for them to respond (e.g. 14 days).

Of course you must set it out as a formal letter, you know, your address and the date go top right, their ref/PCN number, (start) Dear Sirs, (end) Yours faithfully, etc.

Signature and name, as per usual, when you write any formal letter.

waamo

Complain to the BPA and DVLA. Tell them what's happened. In a while a poster called The Deep will hopefully post. Heed his post carefully.

nothappywiththis

Dear Sir/Madam:

I am in receive of your letter dated 11/6/2018, with ref: XXXXXXX

please be aware of the following:

I am the registered keeper of the car XXXXX

26/2 a notice to the keeper from APCOA regarding the alleged breach, I responded by an appeal letter pointing out that APCOA has failed to make use of schedule 4, POFA 2012 in their letter.

24/4 APOCA responded back confirming they do not work under POFA. I responded with a letter confirming the receive and pointing out the above again and the law is clear as they have no right to pursue the keeper .

23/5 a letter from ZZSP demanding payment (your firm) even before APCOA send an official rejection of the appeal. a clear breach of the Code of Practice of BPA such as 22.6, 22.12. 22.12a (you are part of this association ) and a breach of both EU General Data Protection Regulation GDPR and Data Protection Act DPA . APCOA unlawfully passing my personal data and ZZSP handling these data with no right to do so as the appeal to APCOA was not closed yet.

29/5 APCOA rejected the appeal the rejection was a full 6 days after ZZSP letter.

7/6 an appeal to POPLA was lodge and the above breach of several laws and code of practice was pointed out.

11/6 further threatening letter from ZZSP with further breach of both GDPR and DPA.

13/6 a correspondence from POPLA stating the following " APCOA Parking have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge. " and APCOA portal indicate this also.


you have unlawfully obtained and handle my personal data. you have sent intimidating letters using my personal data . I demand that you erase all my personal data from your records and stop sending any correspondence apart from the confirmation of the erase, otherwise I will hold you responsible for breach of the GDPR, DPA, and PFHA (Protection From Harassment Act) and a compensation in the sum of £650 would be pursued via the appropriate legal channels. you need to respond to this email within 14 days .



your's faithfully

fisherjim

In all honesty I believe a strong complaint in the same way should be made to and about APCOA, it seems from that timeline that they jumped the gun on this.


The debt collection scumbags wouldn't have any of the OP's details if APCOA had not given them far too soon, and surely illegally!

The_Deep

Complain to your MP.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Coupon-mad

Nice letter, no need for templates, that's good!