Port of Wells POPLA Appeal Advice

Coupon-mad

Lizb59 said:

My son left the SAR claim form behind so I sent them in the post a week ago as tracked royal mail and they haven't arrived so am thinking we should email to get this sent to him quickly. Does anyone know where to find email address for us to get information he received from SAR and claim form letter?

I don't know what you mean, there is no such thing as a 'SAR claim form'. 
What did you post, and who to?

KeithP

I think Lizb59 is saying that she has posted the County Court Claim Form and the response to the SAR to her son but they haven't arrived.

What we don't know is why copies weren't taken before posting such important documents - especially the Claim Form.
Easy to say with hindsight of course.

Are we drifting a little bit away from parking here?

Have you checked the tracking with RM? What did they say?

Lizb59

It arrived today so all sorted now. Yes I normally do take copies but forgot as was trying to get it to him quickly. Sent with tracking so should have arrived within 48 hours but took a week because of incorrect postage even though it was taken to a post office cashier who scanned it. Anyway this is off topic.

Lizb59

My son is writing up his defence and has noticed quite a few discrepancies. Please can you advise. I have posted his queries below. 
"Working on point 2 on the defence where the sum claimed is specified. Looking at the documents I've noticed an inconsistency with their fees. In the letter from ZZPS Limited on behalf of Civil Enforcement sent on 2nd October, the cost is broken down as £100 for the charge plus £70 "administration fees". However, in their response letter to my SAR, CE claim the sum as £182, broken down as £100 for the charge plus £82 "debt recovery costs." Possibly the ZZPS letter is irrelevant as they are a separate company used by CE. The discrepancy is interesting nonetheless, in particular the completely different reasons given for the additional charge. The car park signage mentions additional fees for not paying (which will also be contested), but the ZZPS letter does not. Finally, the claim form totals the amount claimed as £194.17. It is only on this letter as far as I can see that any mention is made of adding interest. 

Another inconsistency can be seen in their response to representation letter, where they state "the signs in the above car park clearly advise payment for parking must be made within 10 minutes of arrival." The attached photo of the sign reads 15 minutes of arrival, not 10. I wonder if this error undermines their case at all? I made the same error in my original appeal, which appears to be where they got the 10 minute figure from"

KeithP

The ZZPS letter is irrelevant. Ignore it.

Or rather, send a Chinese whisper back to you son telling him to ignore the ZZPS letter.
If he has read post #4 of the NEWBIES thread he will be doing that anyway.

Coupon-mad

Discrepancies are normal for PPCs as they make it up as they go along.  Those things can be covered later in his WS and evidence.  The defence just needs the usual headings, £182 for CEL in point #2, and his own facts in #17 (without saying who was driving, of course.  Then he signs & dates it and that's stage one done.  

Unless he needs to also tell the court and CEL to send the papers to a different address?  Why is stuff having to be sent to him, was the car registered to an old address (not allowed by the DVLA)?

FrankCannon

What was the date of the event ? The grace period was changed from 10 minutes to 15 minutes in May 2019 ( see attached letter from the Harbour Master to Norman Lamb MP ), so if it took place before the change took place, then CEL need to provide contemporaneous images. You should ask them for images of all of the signs facing the road at the entrance to the car park too, and make sure that you get images of signs erected by the Harbour Commissioners.

Lizb59

Coupon-mad said:

Discrepancies are normal for PPCs as they make it up as they go along.  Those things can be covered later in his WS and evidence.  The defence just needs the usual headings, £182 for CEL in point #2, and his own facts in #17 (without saying who was driving, of course.  Then he signs & dates it and that's stage one done.  

Unless he needs to also tell the court and CEL to send the papers to a different address?  Why is stuff having to be sent to him, was the car registered to an old address (not allowed by the DVLA)?

Car was originally registered at our address as his address isn't permanent.

Lizb59

ZZPS letter wasn't a debt collector letter. It was one of the letters sent demanding payment.

Lizb59

Should he mention anything about them claiming he entered at 5:40 when he says it was 5:50 or should he avoid mentioning this in case its used against him? It could be difference in time on their machine and my son's watch or my son's watch being wrong?