Passed to debt collector during POPLA stage?

gekundigt

Hi there,



I had a ticket back in the summer that was fixed to my windscreen. NTK received, went through the usual hoops & eventually appealed to POPLA. Currently at the stage where the parking operator has uploaded 'evidence' to POPLA's website.



However, whilst the POPLA appeal has been going on they have passed the debt to a collection agency & I've started getting letters. They have uploaded a 'timeline' of events to the POPLA appeal which shows when they referred it to debt collectors.


Are they allowed to do this whilst its still with POPLA? Seems as if they're trying to get me to pay up before POPLA has made their decision.

The_Deep

Most unprofessional, but you are not dealing with John Lewis. I suggest that you complain to the BPA.

Also complain to your MP.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.


























ewisLwewise

KeithP

Ignore the debt collectors letters for the moment. Concentrate on rebutting the operator's comments with PoPLA. You only have seven days to do that.

When you've done that, complain to the BPA that the operator is using debt collectors before the appeal process is concluded.

The BPA CoP states:

22.12a If an appeal is being considered by the IAS, the debt recovery process must not be commenced/recommenced until the outcome of the case is known.
We would expect operators to have systems in place to ensure that this does not happen.

Who is the parking operator?

gekundigt

The operator is NSGL, a BPA operator.



I'm not really sure what to comment on the 'evidence' they have uploaded. They claim my appeal is mostly 'copied from the internet' & have uploaded various documents to support their claim.



I am quite happy to take it all the way to court because the writing on the signage is too small, they also don't know who the driver is, but I'd rather nip it in the bud at the POPLA stage.



Any advice on what I can comment back on there 'evidence' on POPLA's website?

waamo

Complain to the BPA and say you want their member sanctioned. Normally instead of applying a sanction the BPA make the operator drop the ticket.

Fruitcake

gekundigt wrote: »

The operator is NSGL, a BPA operator.



I'm not really sure what to comment on the 'evidence' they have uploaded. They claim my appeal is mostly 'copied from the internet' & have uploaded various documents to support their claim.



I am quite happy to take it all the way to court because the writing on the signage is too small, they also don't know who the driver is, but I'd rather nip it in the bud at the POPLA stage.



Any advice on what I can comment back on there 'evidence' on POPLA's website?

You go through their evidence line by line and rubbish it wherever possible.
Also point out that if they have not challenged some of your appeal points, then the PPC must agree with each and every one of them and thus the appeal should be upheld.

gekundigt

KeithP wrote: »

Ignore the debt collectors letters for the moment. Concentrate on rebutting the operator's comments with PoPLA. You only have seven days to do that.

When you've done that, complain to the BPA that the operator is using debt collectors before the appeal process is concluded.

states:


Who is the parking operator?

Are IAS & POPLA the same thing then? I can't see anything relating to POPLA in the CoP

KeithP

gekundigt wrote: »

Are IAS & POPLA the same thing then? I can't see anything relating to POPLA in the CoP

In the Glossary, on page 4 of that document, it states:

IAS - Independent Appeals Service has a brand name of POPLA (Parking on Private Land Appeals) and is currently run by the Ombudsman Service.

DoaM

It is confusing though ... the IPC appeals service is called IAS. The BPA calling POPLA a brand of an IAS sounds like it was intended to confuse the uninitiated.

waamo

The BPA will normally get it cancelled in 2-3 days. In saying that don't miss any deadlines for rebutting the ppcs case.

Redx

read recent popla rebuttals from this year only to see what theirs said and try to use as much as you can, bearing in mind there is a 2000 character limit

also email the BPA AOS staff with your complaint about the debt collector and the breach

do anything and everything you can to avoid these sc@mmers and to have them sanctioned as well

doing nothing is what they rely on