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

MistyZ

Blimey, you're in fighting mode & then some! You've really got to grips with this. Love it!

beamerguy

Did CEL really say this ....

Also received (5/3/19) first entertaining letter from the PPC saying they will instruct third party collection agents if payment not received in 14 days, costs will escalate followed by legal proceedings, followed by possible options (which maybe available) from a further judgement where bailiffs attend property to seize vehicle/goods, PPC deduct money direct from employer and/or stop me accessing my bank until they get their bit first. Like said all very entertaining and ready for the bin. Probably not so entertaining for some people though?

This has not even gone to court yet ???

Don't bin the letter, send it to Trading Standards because if that's what they, it's illegal

MISLEADING AND AGGRESSIVE COMMERCIAL PRACTICES
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721872/misleading-aggressive-commercial-practices-guidance.pdf

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.

Consumer payments and “civil recovery”
The Regulations amend the definition of a “transactional decision”
to expressly cover demands for payment from a consumer in full
or partial settlement of the consumer’s liabilities or purported
liabilities to the trader (see reg 2(1A) of the 2008 Regulations).
This means that misleading and aggressive practices in respect of
such demands would now clearly lead to both criminal sanctions
(under the 2008 Regulations)

The_Napper

beamerguy wrote: »

Did CEL really say this ....

Also received (5/3/19) first entertaining letter from the PPC saying they will instruct third party collection agents if payment not received in 14 days, costs will escalate followed by legal proceedings, followed by possible options (which maybe available) from a further judgement where bailiffs attend property to seize vehicle/goods, PPC deduct money direct from employer and/or stop me accessing my bank until they get their bit first. Like said all very entertaining and ready for the bin. Probably not so entertaining for some people though?

This has not even gone to court yet ???

Don't bin the letter, send it to Trading Standards because if that's what they, it's illegal

MISLEADING AND AGGRESSIVE COMMERCIAL PRACTICES
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721872/misleading-aggressive-commercial-practices-guidance.pdf

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.

Consumer payments and “civil recovery”
The Regulations amend the definition of a “transactional decision”
to expressly cover demands for payment from a consumer in full
or partial settlement of the consumer’s liabilities or purported
liabilities to the trader (see reg 2(1A) of the 2008 Regulations).
This means that misleading and aggressive practices in respect of
such demands would now clearly lead to both criminal sanctions
(under the 2008 Regulations)

Nowhere near court phase yet, not even LBC but yes that is the gist of what they said. For clarity I have typed the bulk of the letter below omitting anything personal.


Dear Sir / Madam


Despite our various communications your debt remains outstanding.


Unless payment is received in full within 14 days we will unfortunately be left with no alternative but to instruct third part collection agents and costs will escalate.


Please be aware that following which we may be left with no alternative but to instruct our Legal Department to commence proceedings. In such circumstances we will be seeking full costs of the Apllication together with all our legal fees in dealing with this matter.

If a judgement is thereafter obtained the options that may be available to us is as follows:-
Appoint Court Bailiffs to attend your property.
Seize your vehicle / goods.
Apply for an attachment of earnings (see below)
Third Party debt Order (see below)


If you are employed and we obtain judgement we may make an application for an attachment of earnings order which will be sent to your employer. It will ensure your employer will take an amount from your earnings each pay day and send it to a collection office which will then be forwarded to us.


We may also make an application, If a Judgement is obtained, for a third party debt order which is usually made to stop the debtor from taking money out of his or her bank or building society account. The money we are owed will be paid to us from your account.


If this matter remains unresolved costs are simply going to escalate.


Yours faithfully,

For and on behalf of (PPC)

The_Napper

In truth I have no intention of binning this letter it is all part of my collection.

MistyZ

The_Napper wrote: »

In truth I have no intention of binning this letter it is all part of my collection.

And this letter should take pride of place in the Rogue's Gallery. I'd follow beamerguy's advice. If Trading Standards agree that the wording is illegal, or better still take action, that will all be grist for your mill.

It truly is outrageous. Are you sure no occupant of the car committed murder or mayhem? I mean, a mere alleged parking offence surely wouldn't merit such a response?

The_Napper

MistyZ wrote: »

It truly is outrageous. Are you sure no occupant of the car committed murder or mayhem? I mean, a mere alleged parking offence surely wouldn't merit such a response?

Fifth amendment type of response to that thanks.

The_Napper

MistyZ wrote: »

Blimey, you're in fighting mode & then some! You've really got to grips with this. Love it!

This in all probability is my parting shot and final update but needs to be added to give conclusion to this little saga.

I certainly was in fighting mode MistyZ but alas no longer.
A white flag has been hoisted above the parapet and now floats gently in the breeze.
Canons unloaded, weapons laid down, the battle over without a shot being fired.

"THE PPC's GONE AND CANCELLED THE PCN."

Received a letter from the PPC as confirmation of cancellation as a gesture of goodwill, also another letter, the latter being an official House of Commons one, from my MP's case worker to advise me of the same and that it was their intervention that swayed the decision.
Reckon they get my vote in future?

Monies enroute to my three charities as promised.

A massive thanks to all those who gave their time freely to assist me and other victims on this forum. I wish the same success to everyone else in the same predicament as me who come to this forum seeking justice.

My advise to anyone just starting out; take note of the big hitters of this forum, you'll soon recognise them, understand that they will help immensely but you have to help yourself too.

MistyZ

Fantastic result! Well done you and well done your MP!

Coupon-mad

"THE PPC's GONE AND CANCELLED THE PCN."

Received a letter from the PPC as confirmation of cancellation as a gesture of goodwill, also another letter, the latter being an official House of Commons one, from my MP's case worker to advise me of the same and that it was their intervention that swayed the decision.
Reckon they get my vote in future?

Monies enroute to my three charities as promised.

That is brilliant! :T