POPLA denied appeal

Khaggis

So they got back to me.

"Dear Sir / Madam,

We write regarding the above referenced Parking Charge, which concerned a breach of

the parking terms and conditions on the 19 June 2021 at Alfred Place, Leicester, and your

recent correspondence received in relation to the same.

We can confirm that we have now reviewed your recent correspondence, but we maintain

our position that the full amount of the Parking Charge remains outstanding and that we

have been unable to reach an agreement in respect of the same via the Reply Form.

We now require full payment of the outstanding sum of £100.00 within the next 14 days or

legal action will be taken. Should court proceedings be issued, further costs will be

incurred. These will include, but are not limited to, the court claim issue fee and the

solicitors costs referred to within the LBCCC.

Yours faithfully,

Parkingeye Team"

I'm actually quite surprised by this. What's my next step now then, wait until they issue me court papers?

Cheers again everyone.

Coupon-mad

Dear ParkingEye 'team',

I remind you that the PAP for debt claims says:

"5.2 If the debtor requests a document or information, the creditor must – 

(a) provide the document or information; or 

(b) explain why the document or information is unavailable, within 30 days of receipt of the request."

You have not done either.  To be clear, I require documentary evidence:

(a) your PCN status file notes showing the shift from alleging a '0' or 'O' VRM 'error' to alleging that I was not entitled to one minute to drive in, find a space and read the signs and pay (which was indisputably the point of contract).  I am aware that a PCN status file exists for notes about my case and I want to see it.  I have a right to this under a SAR and/or the PAP.

(b) proof of calibration of the in and out cameras with each other and with the completely separate payment machine.  This is reasonably required because I believe the time on the machine tickets is not synchronised with the (also unsynchronised) ANPR camera timings.  Clearly, a minute or two 'out' is key to the case.  If your systems are not synchronised and/or you have no maintenance or calibration records, you must say so now.

I have a right to this under the PAP and will draw any refusal to the attention of the Judge, should you proceed.

I am reasonably giving you another 30 days to reply with 5.2(a) or (b), in order to comply with the PAP.

Yours faithfully

Khaggis

Thank you so much! I really appreciate this!

Khaggis

Got another response:

Dear Mr Khaggis

 

We note that the points made in your recent correspondence are the same as the ones that have previously been addressed and ParkingEye will not enter into further correspondence in respect of these arguments. We would refer you to our previous correspondence as our position remains unaltered.

 

We can confirm that we maintain our position that the full amount of the Parking Charge remains outstanding and that we have been unable to reach an agreement in respect of the same via the Reply Form.

 

We now require full payment of the outstanding sum of £100 within the next 14 days or legal action will be taken. Should court proceedings be issued, further costs will be incurred. These will include, but are not limited to, the court claim issue fee and the solicitors costs referred to within the LBCCC.

They've still not issued me what I've asked for. I've done a sop before which was noted previously in this thread. (I'd be happy to send it over) but I don't remember them covering what I asked for.

How do I respond from here?

 

Le_Kirk

If you have submitted a SAR and they have not supplied all the data you have requested and it is your personal data that is due under GDPR, you should inform the DPO of this, giving them 7 days before you report them to the ICO.

Coupon-mad

Dear ParkingEye,

You've missed the point.  Kindly escalate this to your supervising solicitor.

I specifically asked for two documents and you now stand in breach of the PAP for debt claims:

I remind you that the PAP for debt claims says:

"5.2 If the debtor requests a document or information, the creditor must – 

(a) provide the document or information; or 

(b) explain why the document or information is unavailable, within 30 days of receipt of the request."

You have not done either.

This will be drawn to the attention of the Judge and I will be seeking full costs for this pre-action unreasonable conduct.

The PAP is not optional and you are a serial 'every day' litigator with a supposed legal team who are required to comply with 5.2, even if your response is to tell me why the documents are unavailable.

Yours faithfully

Khaggis

Thank you coupon. You're seriously a huge help. Is it worth me sending you my  SAR over to see if they have provided that and I'm being an idiot. I'm more than happy to pay you for your time, as I'm sure you're super busy. Or shall I just send that and see how it goes?
Many thanks.

Coupon-mad

Just send that.  Keep em busy!

Khaggis

Coupon-mad said:

Dear ParkingEye 'team',

I remind you that the PAP for debt claims says:

"5.2 If the debtor requests a document or information, the creditor must – 

(a) provide the document or information; or 

(b) explain why the document or information is unavailable, within 30 days of receipt of the request."

You have not done either.  To be clear, I require documentary evidence:

(a) your PCN status file notes showing the shift from alleging a '0' or 'O' VRM 'error' to alleging that I was not entitled to one minute to drive in, find a space and read the signs and pay (which was indisputably the point of contract).  I am aware that a PCN status file exists for notes about my case and I want to see it.  I have a right to this under a SAR and/or the PAP.

(b) proof of calibration of the in and out cameras with each other and with the completely separate payment machine.  This is reasonably required because I believe the time on the machine tickets is not synchronised with the (also unsynchronised) ANPR camera timings.  Clearly, a minute or two 'out' is key to the case.  If your systems are not synchronised and/or you have no maintenance or calibration records, you must say so now.

I have a right to this under the PAP and will draw any refusal to the attention of the Judge, should you proceed.

I am reasonably giving you another 30 days to reply with 5.2(a) or (b), in order to comply with the PAP.

Yours faithfully

Hey guys, so it's now been 30 days since I messaged this to them, and though they did reply (not with requested data) as shown in above posts, They've now surpassed their 30 day time limit. It's been a while since I've heard from them in general. Should I sit and wait for a reply or should I now go on the offensive, showing that they're not following the rules?

Cheers in advance!

Umkomaas

@Coupon-mad gave you that draft on 11 April, that's only 20 days ago.