ParkingEye - Mecca Bingo Dewsbury

NewYorkRoadRunner

The reply for POPLA!!

POPLA will only look to change a decision where we consider a procedural error has occurred. In this case, I discussed the matter with a senior officer who advised that while the PCN is not compliant with PoFA, we are not able to change the decision as the assessor has assessed the PCN against PoFA and deemed it to be compliant. While they have come to the incorrect conclusion that it is PoFA compliant, the fact remains they have assessed all the information, and the matter falls into a “judgement call”.


As POPLA is a one-stage process, there is no opportunity for you to appeal the decision.

Coupon-mad

That is just LUDICROUS!

That is a Procedural error. It is NOT a judgement call, the POFA is the law.

At least email back and ask for assurance that the failing Assessor will be re-trained to learn what a non POFA PCN looks like. Also say you will sue POPLA if you end up out of pocket, because they have admitted the Assessor was wrong.

I would ask for the matter to be put before the Lead Adjudicator, not just a senior.

NewYorkRoadRunner

Anyone have any more ideas? I have just received a letter from DRP indicating a Notice of Intended Court Action.

I have of course emailed POPLA asking for the matter to be put before a lead adjudicator (zero response) and have also sent an appeal to PE (zero response)!

My case is a clear procedural error so I am not concerned but would like closure!

Thanks for any advice

Redx

see post #4 of the NEWBIES FAQ sticky thread for advice on IGNORING drpl

in which case , once read , IGNORE drpl , they are powerless

there will be no closure unless one of the following happens

the claimant cancels the charge

a landowner insists that the claimant cancels the charge

a judge decides in court within 6 years

Coupon-mad

I would be concerned that P/Eye will sue you, so no throwing away the paperwork.

Umkomaas

Why not get your MP involved?

NewYorkRoadRunner

A little advice required - not to go over my case again but after receiving letters from DRP and Equita, i sent a swift reply via the post as using the below template. My latest reply from E informs me they handing the matter back to PE with the recommendation that they "proceed with additional Enforcement/Litigation action"
Worthy of me sending a similar reply to PE?! 
I have a Golden ticket!!


Dear Sirs
Parking Charge Number xxxxx
I refer to your letter of [insert date], and earlier correspondence.
Firstly, I have no intention of paying the money demanded by your client, and any court proceedings will be vigorously defended.
Second, should it be your client's intention to start court proceedings, they must provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct:
http://www.justice.gov.uk/courts/pro...action_conduct
Please also note that a failure and/or refusal to comply with the Practice Direction will result in a complaint being made to the court and an application for a stay of the action and costs pursuant to the provisions of paragraph 4 of the Practice Direction on non-compliance and sanctions.
In the meantime, you should note that this charge is disputed, and you must now refer this matter back to your client and cease and desist all further contact with me. Failure to do so will result in a complaint to the Credit Services Association.

I trust that I have made myself clear.
Yours faithfully
PRINT NAME

KeithP

No, do not send that. It is really old. For example, there has been no 'Annex A' in the Practice Direction for several years.

Where did you find that?

NewYorkRoadRunner

Found it here: https://forums.moneysavingexpert.com/discussion/4814108/debt-collector-letters-note-to-the-regulars/p1 but realise that thread is very old.

I have written to Equita with details that include that the PCN is not compliant with PoFA but it does also include the Annex A note....I'll leave things there for now

NewYorkRoadRunner

Anyone have any advice for a none PoFA compliant PCN that POPLA made a judgement call on?!