POPLA rejected my appeal

KeithP

eddie77 wrote: »

Hi All - so you think this is good to go? Going to submit it on Monday...

You have posted a draft Defence on a Friday afternoon.

There are many people on here that have other things to do at weekends than comment on Defences.

You might want to leave it a couple of weekdays for the best chance of comments.

eddie77

Fair point Keith P.

Loking at bargepole's defence template and what I have in my draft, I think it's good to go. Thanks to those that replied, much appreciated.

eddie77

Hi all,

A bit unusre about this part of my defence - is there a better way to word it?

2. The facts are that the vehicle, registration XXX XXX, of which the Defendant is the registered keeper, was photographed entering and exiting land at XXXXXXXXXXX, a total of 22 minutes between the two photographs. It is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

Thanks

Ed

The_Deep

£235 is far more than the Law allows for this sort of claim. The solicitors know this, but, because they are solicitors, know that a lot of people will pay up.

It is in fact double charging and non claimable debt collectors' add ons. Imo, this is fraud, or, at the very least, improper conduct.

Were this to get to court and they won, the judge would be unlikely to award the claimant more than £175 - £200.

I urge you to report this grubby law firm to their regulatory body, the SRA.

https://www.sra.org.uk/solicitors/handbook/code/content.page

as I am sure they do not condone this conduct.

eddie77

I will report them for sure. Just not sure on the wording for point 2 of my defence. Is what I have ok?

eddie77

Defence submitted now - will update accordingly.

Coupon-mad

Looks fine as a defence.

As background, what sort of car park was it, pay and display?

Was it dark/evening an the signs were unclear & the machines invisible?

Was the car there briefly to pick someone up, etc?

Next time, for Goodness' sake no seeking out a private car park! Steer clear, I always do. There is no need to drive into some random scammer car park.

Short term stopping activity is perfectly OK to do on street and with far, far less risk (and unless you are in a London Borough, Council PCNs for on street contraventions are only £25 or £35 (discount) in most places if not appealed.

Just avoid red routes (London), clearways, junctions, bus lanes, bus stops, taxi ranks, goods vehicles only laybys, school zig zags etc. Can't stand seeing people people pull into a bus stop when there are perfectly decent double yellows next to it - stupid...

Even double and single yellows are ALLOWED to stop on for a few minutes (you were loading...!) as long as there are no loading bans in place, shown by yellow kerb 'blips' of extra paint.

eddie77

Hi Coupon-mad - it was pay and display and you enter your reg number in the machine. The light was fine but other than a couple of poor signs at the entrance, the majority of the car park had no signage at all. The bay markings were poor/non existant in places, it was just a hole of a car park. Very poor state.

I am very aware now and will avoid parking in a private car park.