POPLA denied appeal

Umkomaas

i cant find it now, but i remember reading somewhere - possibly on this forum- to write/email parking eye with a refusal to accept fine notice stating that you will not be replying to any more letters from them unless it is a court summoning and if they want the money then to take me to court, is that good advice?

It might be making your position clear to them, but they may just see it as a temptation to issue proceedings. ParkingEye don't mess about once they decide to proceed. An 'in their face' letter isn't going to stop them in their tracks, that's for sure. You need good evidence to have any hope of doing that. 

On top of this, as the fine is already at maximum (100 gbp) am i right in thinking they cant up this anymore so to just ignore unless i get actual stamped court notices, then i can pay the full 100 (same price) to make it go away or attend court 

IT'S NOT A FINE!

Once they issue court proceedings the costs will go to:

£100 initial PCN
£35 court filing fee
£50 solicitor costs

They will want their disbursements covered as well as the £100 PCN. 

Khaggis

Umkomaas said:

 It might be making your position clear to them, but they may just see it as a temptation to issue proceedings. ParkingEye don't mess about once they decide to proceed. An 'in their face' letter isn't going to stop them in their tracks, that's for sure. You need good evidence to have any hope of doing that..

IT'S NOT A FINE!Once they issue court proceedings the costs will go to:

£100 initial PCN
£35 court filing fee
£50 solicitor costs

They will want their disbursements covered as well as the £100 PCN. 

I thought that stopped then from trying to send debt collectors which could incur an extra charge?

Regarding fees i thought they couldn't claim solicitor fees in a SCC?

Was I right in thinking that they can't try to charge you more, and if I pay (if) after I get a stamped letter from the bank that's still just the 100 and then it will be left as is and no CCJ against me?

Redx

Khaggis said:

Umkomaas said:

 It might be making your position clear to them, but they may just see it as a temptation to issue proceedings. ParkingEye don't mess about once they decide to proceed. An 'in their face' letter isn't going to stop them in their tracks, that's for sure. You need good evidence to have any hope of doing that..

IT'S NOT A FINE!Once they issue court proceedings the costs will go to:

£100 initial PCN
£35 court filing fee
£50 solicitor costs

They will want their disbursements covered as well as the £100 PCN. 

I thought that stopped then from trying to send debt collectors which could incur an extra charge?

Regarding fees i thought they couldn't claim solicitor fees in a SCC?

Was I right in thinking that they can't try to charge you more, and if I pay (if) after I get a stamped letter from the bank that's still just the 100 and then it will be left as is and no CCJ against me?

They cannot send debt collectors , only pass to debt collectors who can send out worthless debt collector letters with their tacked on fees ( £70 typically ) , nothing to worry about

Debt collectors may add charges but nobody should take any notice , failure to obtain payment means no money at all

They can certainly ask for solicitor fees , but this is usually rejected unless the defendant has been unreasonable

The £50 legal fee is allowed , as are court payments such as the £35 , so the total is typically £185 if all other charges are correctly objected to

So you pay the Claimant the full judgment total within 30 days to avoid a CCJ on your credit rating , so expect to pay £185 within 30 days if you lose in court , non payment is similar to contempt of court , hence a CCJ after 30 days for non payment

Khaggis

Redx said:

Khaggis said:

Umkomaas said:

 It might be making your position clear to them, but they may just see it as a temptation to issue proceedings. ParkingEye don't mess about once they decide to proceed. An 'in their face' letter isn't going to stop them in their tracks, that's for sure. You need good evidence to have any hope of doing that..

IT'S NOT A FINE!Once they issue court proceedings the costs will go to:

£100 initial PCN
£35 court filing fee
£50 solicitor costs

They will want their disbursements covered as well as the £100 PCN. 

I thought that stopped then from trying to send debt collectors which could incur an extra charge?

Regarding fees i thought they couldn't claim solicitor fees in a SCC?

Was I right in thinking that they can't try to charge you more, and if I pay (if) after I get a stamped letter from the bank that's still just the 100 and then it will be left as is and no CCJ against me?

They cannot send debt collectors , only pass to debt collectors who can send out worthless debt collector letters with their tacked on fees ( £70 typically ) , nothing to worry about

Debt collectors may add charges but nobody should take any notice , failure to obtain payment means no money at all

They can certainly ask for solicitor fees , but this is usually rejected unless the defendant has been unreasonable

The £50 legal fee is allowed , as are court payments such as the £35 , so the total is typically £185 if all other charges are correctly objected to

So you pay the Claimant the full judgment total within 30 days to avoid a CCJ on your credit rating , so expect to pay £185 within 30 days if you lose in court , non payment is similar to contempt of court , hence a CCJ after 30 days for non payment

Thank you for this. That gives me a lot of info and stuff to think about. If they do send debt collector crap, and then court stuff and I decide to pay, I take it I can ignore the debt collector fee and just pay the 100? Additionally, I've heard people manage to settle out if court with them, how do you even do this? Cheers again and sorry for all the questions.

percbog

I can't seem to find an answer to my question here. Background:

- I parked in a One Parking Solution-managed carpark and I did not pay the parking charge within the 10 minute 'Grace Period'.
I paid 3 minutes late. 
- This is because: I was unable to pay by cash as the machine  did not allow me to pay the fee required over two tariffs: pre: 8pm and after 8pm. Because of that, I had to download the app (using the car park's wifi), which did enable me to pay the required fee but only AFTER the grace period.
I did then pay a fee (for longer than the period I was parked for) - I.e. I left before my payment was up. 
In effect therefore I was fined/charged £100 for 3 minutes of parking I was unable to pay for. 
One Parking Solution were not in any way disadvantaged commercially as a result, in fact I paid more than was owed. 

My Appeal to One parking was rejected, I did not make an appeal via Popla and now am in possession of a letter from ZZPL Debt Collectors. 

So: In an appeal: I would be arguing that I did pay (and more than was owed), I always intended to pay, which CCTV will have captured, and I paid outside of the grace period because the machine would not let me pay AND it took time to enable myself to pay by other means.

My Question is: Would this have the potential to be accepted by Courts as an appeal against being charged/fined or - because I DID pay after the Grace Period, would any appeal likely be rejected regardless of the other (mitigating) fatcs?

Half_way

My Question is: Would this have the potential to be accepted by Courts as an appeal against being charged/fined or - because I DID pay after the Grace Period, would any appeal likely be rejected regardless of the other (mitigating) fatcs?

 

This is not a fine - and its important that you understand this and stop calling it such. The debt collector stuff is ( as far as these parking charge notices go) indeed crap, however you should keep an eye out for real court papers.

Have you complained to the landowner yet?? if you haven't post the compliant here first

 

Umkomaas

My Question is: Would this have the potential to be accepted by Courts as an appeal against being charged/fined or - because I DID pay after the Grace Period, would any appeal likely be rejected regardless of the other (mitigating) fatcs?

My question is: Why are you posting this on another forumite's thread about a totally unrelated parking firm, where the circumstances are completely different?

Please start a new thread of your own where you will receive bespoke advice about your parking charge, instead of getting it confused with, or confusing, another forumite's case. 

D_P_Dance

It is not a fine.  If you lose you need to pay.  If you do not pay you are likely to get a CCJ.  

Coupon-mad

D_P_Dance said:

It is not a fine.  If you lose you need to pay.  If you do not pay you are likely to get a CCJ.  

Need to make that clearer, DP, that you mean ‘only after a Judge says you lose, would you have to pay and only if you ignore the court order/judgment do you get a CCJ.’

D_P_Dance

Precisely,