Car Parking charges and false information from Ipserv Ltd

Cardriver45

I've received a reply from the council solicitors re my LBC. They are saying that they wholly reject my claim. They said that they would be prepared to go to an independent resolution but that it will cost £140 which they would pay half of meaning I would have to pay £70.

What should I do next, please?

I will post the letter below in a short while.

Cardriver45

Here's the letter I received

Cardriver45

What's the deal with they saying I would have to pay half for arbitration?

Shouldn't Ipserv be paying all of that as the defendent?

Coupon-mad

You don't have to accept that ADR.  Remind us, did you already go through POPLA, which is free?

They have confirmed that IPSERV is wholly owned by the Council, which we knew. 

Fruitcake

I believe ADR should be free to the consumer. You could check the ADR Regs 2015 to confirm this. 

You have two choices as I see it. Bail out now or issue a claim.

Coupon-mad

I am struggling to see solid grounds for you to claim.

Cardriver45

Coupon-mad said:

You don't have to accept that ADR.  Remind us, did you already go through POPLA, which is free?

They have confirmed that IPSERV is wholly owned by the Council, which we knew. 

Thanks for getting back to me. Unfortunately, I didn't see the original NTK as I had been ill in bed and someone else put the letter away without realising who it was from or informing me. I only found out when I received the reminder that was outside of Ipserv's allowed 28 days. I did try writing to them and asking for a POPLA code, but they refused.

If I bailed out now would it be liable to have a negative influence on my case if Ipserv do decide to take me to court?

Fruitcake

I don't see that anything you have done so far will matter if Ipserv do try court. You have up to six years so you are quite within your rights not to start proceedings yet.
It is after all what PPCs do all the time.

Coupon-mad

Why not reply and state that you are not prepared to pay for ADR and note that POPLA is free, a code can be offered by a PPC at any time.  There is no arbitrary time limit and better operators offer POPLA codes at all stages to resolve disputes. Therefore you propose that IPSERV offer the POPLA code that they refused.

Fruitcake

The ADR regulations say that ADR should be made available for not less than a twelve month, but PPCs choose not to follow the law. There is no reason why Ipserv cannot issue a PoPLA code now.