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POPLA lost appeal - Apologies

124

Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 19 November 2018 at 2:41PM
    http://oi64.tinypic.com/33yqgrk.jpg

    This letter is just a debt letter and to be ignored
    Due to the nature of this letter and the wild misleading threats made

    This letter is unlawful ....
    Part 1: Liability for misleading and aggressive
    practices
    The 2008 Regulations make misleading actions unlawful
    (see regulation 5). An action by a trader is misleading if it
    contains false information or if it is likely to mislead
    the average consumer in its overall presentation.



    The letter is based on the fact that CEL will win and that is highly misleading. The threats have been designed to mislead you
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721872/misleading-aggressive-commercial-practices-guidance.pdf

    http://oi67.tinypic.com/2nvw2ms.jpg
    The sign which is clearly an entry sign inviting customers to park
    You were a customer and have a receipt and as such the pub is responsible for the actions of CEL

    There will be NO BAILIFFS, NO SEIZING GOODS, NO ATTACHMENT OF EARNINGS AND NO THIRD PARTY DEBT ORDER

    CEL as usual are talking rubbish because before anything like this can happen IT MUST GO TO COURT

    You must get the landlord to understand that they would be involved in any claim. If in doubt, show them the link to this thread

    Keep this letter. Ignore it as it's so much rubbish by CEL

    I assume you refer to this report
    https://www.tripadvisor.co.uk/ShowUserReviews-g580421-d8519369-r579485568-Anthology-Wilmslow_Cheshire_England.html

    The responses from the Public Relations Manager at Anthology
    clearly shows he/she has no idea of the dangers of CEL.
    An amazing way to hold customers in contempt

    As CEL are a BPA member, it shows what rubbish the BPA claim.
    "WE ARE DRIVING UP STANDARDS" ???? TOTAL RUBBISH
  • thanks again for the advice, especially the last two from Misty and Beamer which i will follow..

    will let you know how it goes :)
  • Coupon-mad
    Coupon-mad Posts: 155,619 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Good, but don't refer to 'ParkingEye' because that's another firm entirely.

    If this were me I would engage the help of your local MP to support your complaint to the parking firm and to the pub.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Tilt
    Tilt Posts: 3,599 Forumite
    redmel59 wrote: »
    yes i have made contact, they dont want to know, same brush off thy give to everyone, speak to parking company .. wrote a bad review for them on Trip Advisor, wouldnt respond,
    Anthology, wilmslow is the bar/restaurant !1
    Thanks

    Think your local rag will love this story. As I said previously contact them about it. Looking at the Trip Advisor reviews, it seems that people should be warned about this establishment!

    In addition to that, take the advice from Beamerguy.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • redmel59
    redmel59 Posts: 18 Forumite
    https://imagizer.imageshack.com/img921/1664/H1uRGN.jpg

    apologies again for coming back to this, but the wife is having kittens over this letter.

    The pub wrote a nice letter saying they wouldn't have enforced the charge if they'd known, so i thought this was all over but still we're being pursued?

    Any further advice welcome, do we need to be worried ?
  • Coupon-mad
    Coupon-mad Posts: 155,619 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The truth about CCJs is discussed here:

    https://forums.moneysavingexpert.com/discussion/5995545/county-court-claim-form-from-excel-parking-services

    QDR are just acting as debt collectors here, to intimidate you. Smart can't just 'get' a CCJ unless you ignore a court claim (you wouldn't) or you don't tell them if you move house and they sneak a late CCJ behind your back to the old address (don't allow that to happen).

    As before, this is still just a debt scary letter, covered here by beamer:
    beamerguy wrote: »
    http://oi64.tinypic.com/33yqgrk.jpg

    This letter is just a debt letter and to be ignored
    Due to the nature of this letter and the wild misleading threats made

    This letter is unlawful ....
    Part 1: Liability for misleading and aggressive
    practices
    The 2008 Regulations make misleading actions unlawful
    (see regulation 5). An action by a trader is misleading if it
    contains false information or if it is likely to mislead
    the average consumer in its overall presentation.



    The letter is based on the fact that CEL will win and that is highly misleading. The threats have been designed to mislead you
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721872/misleading-aggressive-commercial-practices-guidance.pdf

    http://oi67.tinypic.com/2nvw2ms.jpg
    The sign which is clearly an entry sign inviting customers to park
    You were a customer and have a receipt and as such the pub is responsible for the actions of CEL

    There will be NO BAILIFFS, NO SEIZING GOODS, NO ATTACHMENT OF EARNINGS AND NO THIRD PARTY DEBT ORDER

    CEL as usual are talking rubbish because before anything like this can happen IT MUST GO TO COURT

    You must get the landlord to understand that they would be involved in any claim. If in doubt, show them the link to this thread

    Keep this letter. Ignore it as it's so much rubbish by CEL

    I assume you refer to this report
    https://www.tripadvisor.co.uk/ShowUserReviews-g580421-d8519369-r579485568-Anthology-Wilmslow_Cheshire_England.html

    The responses from the Public Relations Manager at Anthology
    clearly shows he/she has no idea of the dangers of CEL.
    An amazing way to hold customers in contempt

    As CEL are a BPA member, it shows what rubbish the BPA claim.
    "WE ARE DRIVING UP STANDARDS" ???? TOTAL RUBBISH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • redmel59
    redmel59 Posts: 18 Forumite
    Thanks Coupon-mad, btw this is what the pub emailed me, maybe i'll just let it go to court :)

    To whom it may concern

    Mr N**** and his wife have been regular customers at Anthology for a while now.

    They usually sit in the garden with their boxer dog and because Mr N****** is disabled it’s easier for him to manage sat in our covered booth.

    Unfortunately they received a parking ticket on one of their visits on 03/07/18, a ticket I would have reversed if i’d known, but Mr N****** thought appealing would be easy as he had a receipt for his visit.

    They were also unaware of the booking in procedure because as I mentioned earlier they always sit outside and receive table service.

    We can not afford to lose good customers like this, I’m shocked their appeal has been turned down, and we are happy to offer any support we can to have this over turned.

    Your sincerely
    Colin ...
    Anthology Management
  • Coupon-mad
    Coupon-mad Posts: 155,619 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 April 2019 at 4:25PM
    Why not actually issue a claim for breach of the Equality Act 2010, with the PPC as the Defendant? I would.

    That email shows the EqAct has been breached as the PPC have not provided a way for a disabled person who sits in the covered outside booth, due to his disability, to 'register'. This means no reasonable adjustment has been made for such patrons and Mr xxxx has been disadvantaged, harassed and discriminated against due to his disability needs which (due to his need for this seat outside) directly led to the charge, which is not backed by any 'legitimate interest'.

    Thus the ParkingEye Ltd v Beavis case from 2015 is fully distinguished and this charge remains an unrecoverable penalty - punitive and not commercially justified, and unsupported by their client, Anthology Management.

    Send the PPC a Letter before Claim for, say £300.

    Search the forum for two things:

    EHRC disability template

    and

    Blamires discrimination
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • redmel59
    redmel59 Posts: 18 Forumite
    Coupon-mad wrote: »
    Why not actually issue a claim for breach of the Equality Act 2010, with Smart as the Defendant? I would.

    That email shows the EqAct has been breached as the PPC have not provided a way for a disabled person who sits in the covered outside booth, due to his disability, to 'register'. This means no reasonable adjustment has been made for such patrons and Mr xxxx has been disadvantaged, harassed and discriminated against due to his disability needs which (due to his need for this seat outside) directly led to the charge, which is not backed by any 'legitimate interest'.

    Thus the ParkingEye Ltd v Beavis case from 2015 is fully distinguished and this charge remains an unrecoverable penalty - punitive and not commercially justified, and unsupported by their client, Anthology Management.

    Send Smart a Letter before Claim for, say £300.

    Search the forum for two things:

    EHRC disability template

    and

    Blamires discrimination

    Superb idea ... thanks :)
    :beer:
  • Coupon-mad
    Coupon-mad Posts: 155,619 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Show us your planned LBC - I'd be happy to look at it & help.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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