Parking overstay PCN. POPLA appeal refused, do I continue?

Umkomaas

First point - the decision of POPLA is not binding on you, so no need to pay, until/unless a Judge tells you to do so.

What you've received is not a LBC, rather a further request for money. You can either ignore it, or write back to say that you disagree with POPLA's decision and as such, you will not be paying them.

Whichever of the two positions you take, expect a LBC to come through in due course. CEL are litigious, but can be beaten in court with a bit of work. Preparing for that now will be a good investment of time. Do so by reading and studying (it's not a skim read) the NEWBIES FAQ sticky, post #2, which will be your guide if the court process is commenced but CEL.

The_Napper

Unkomaas, thanks for the reply. I have no intention of paying this charge but I got a bit concerned when reading other posts as to exactly what constitutes an LBC and thought maybe the letter they sent me was such.

I am presently studying the forum and already have a good basis to my witness statement which will have very little bearing on my original appeal to the PPC or my POPLA appeal as these were based more on my erroneous belief that these kind hearted folk would revoke the PCN once they realized I had legitimate grounds to park where I did. My defence is now based on what I believe are legal grounds rather than anything else, this in the hope that anything I may have mistakenly said in my POPLA appeal will not jeopardise my defence in court.

Just as an update, I have contacted the landowner management company who said they would help but I have little faith there, I have re-contacted the surgery who finally sent a copy of my original letter to landowner management company (initially sat in the email outbox for a week or two???) and contacted PALS where I got a lot of sympathy but little else. I am in to see local MP on Monday next week in the hope of ensuring they are aware of this disgusting ongoing charade and that they are fully aware of the bill Sir Greg Knight is fighting in Parliament (this may not be fully correct but I hope to get his words across). I am still in the process of contacting ‘WHICH?’ to add myself to their list of disgruntled citizens when referencing ‘car park cowboys’ or the likes.

I fully expect the matter to go to court by which time I intend to be fully prepared and will have set aside enough money to either pay the charge if I lose or donate it to charity if I win, thus removing the burden of financial anxiety which I believe is a major psychological weapon in the claimants attack and a massive stumbling block for most defendants. Now, for me, it's just a battle to beat them at as much expense to them as possible.

nosferatu1001

If it states they WILL take you to court, giving a 30 day deadline, then its a lBC. Theyre easy to spot!

They will have, of course, your entire appeal trail, and so you cannot contradict yourself or you undermine your credibility.

Umkomaas

@The Napper. Would you mind using standard forum font for future posts.

We are reading so much text every day, from early mornings to late evenings (and well beyond for some regulars) that headaches are easy to kick in. Different fonts and colours don't help.

It's not clear why you chose to change it.

The_Napper

Umkomaas wrote: »

@The Napper. Would you mind using standard forum font for future posts.

We are reading so much text every day, from early mornings to late evenings (and well beyond for some regulars) that headaches are easy to kick in. Different fonts and colours don't help.

It's not clear why you chose to change it.

Sorry but very puzzled here!! I have not changed any font size, colour, type or anything of that nature, any variations are certainly not my doing and as far as I can see there is no difference in the text I wrote to the one you did?????

Umkomaas

Did you type it first in Word, then copied and pasted into the forum reply text box?

The_Napper

Umkomaas wrote: »

Did you type it first in Word, then copied and pasted into the forum reply text box?

This could be the reason. I typed in my message but when I reviewed the post my server (or something?) timed out so I lost everything. Second time, to avoid same problem, I copied my text from the forum into a word document, checked and edited there, then copied and pasted into a new reply text box as again the website one had timed out.
This time out problem is probably due to the server where I was sending from.
The text always looked exactly as this text does now, also as all my previous posts and also as text on the majority of posts on this forum so am quite surprised at this.
I humbly apologise if this has caused issue but there was certainly no intention of doing so.

Umkomaas

The_Napper wrote: »

This could be the reason. I typed in my message but when I reviewed the post my server (or something?) timed out so I lost everything. Second time, to avoid same problem, I copied my text from the forum into a word document, checked and edited there, then copied and pasted into a new reply text box as again the website one had timed out.
This time out problem is probably due to the server where I was sending from.
The text always looked exactly as this text does now, also as all my previous posts and also as text on the majority of posts on this forum so am quite surprised at this.
I humbly apologise if this has caused issue but there was certainly no intention of doing so.

Got it in one!

No need to apologise, glad we've bottomed that out as early as possible. MSE have issues about C&P from Word into the forum and will block offending posters' access.

Please read the following thread:

https://forums.moneysavingexpert.com/discussion/5706338/please-dont-copy-and-paste-from-word-outlook&highlight=copying+from+word

MistyZ

The_Napper wrote: »

She sounded very genuine and helpful and even tried to have the PCN stopped as I spoke to her (failed with the reason being it was after the POPLA appeal??). Not sure how she did this and feel a bit suspicious of it as I have been told they have no control over the car park so how was this possible? She then said if she'd been asked earlier maybe she could have done something. I didn't question this at the time but later remembered that she had been aware of the PCN as she had issued me a letter confirming my appointment and that she endorsed my appeal? Anyway just food for thought. I'll wait a few days to see if anything transpires then chase it up if nothing heard.

I think you are right to persevere with this. There's a lot to be said for unrelenting pressure, especially from someone who is reasonable, polite and knows that they are in the right!

The_Napper

Umkomaas wrote: »

Please read the following thread:

https://forums.moneysavingexpert.com/discussion/5706338/please-dont-copy-and-paste-from-word-outlook&highlight=copying+from+word

Fair do's, I have read many threads including this one but have failed to fully grasp the importance in this instance, in my defence I quote Spurling v Bradshaw, Denning's Red Hand Rule.