POPLA appeal lost - PPS ltd passed on to debt recovery- threatening court action

starliteaab

Help pls.receiving threatening letters after POPLA appeal lost 

Sequence of events:
1. PPS (private parking Solutions Ltd issued a parking ticket for incident on 19th June. 
 I had merely stopped for 4 minutes (2 photo evidence from PPS confirm that -- also not stepped out of car, car running) as I lost direction. hence decided to appeal to POPLA. 
2. I decided to appeal to POPLA some time in July within 30 days time limit. However they decided to offer decision in PPS ltd favour. citing that there was signage that said 'no stopping' - they also quoted a previous judegement and how that person was asked to pay £85. I mis-read that to be £85 which is applicable to me. 
3. Post that I did not receive letters from PPS. only the POPLA verdict that came through to me on email. And of course the original PPS lettter that mentioned about £100 . 
4. i decided ignore doing anything .as I thought PPS would send me a letter asking for £85 to be paid. 
5. Fast forward to 12 th november. Debt Recovery Plus has sent me a 'final reminder' letter asking me to "PAY NOW"  £170 and option A + B . B says 'face potentiail court action'
6. I emailed PPS over this weekend and said that there is a confusion and POPLA decision was max 85£ . and you have asked me to pay £100 in previous comms. I also wrote about debt recovery plus asking me to pay £170 which is absurd. I said while i dont agree with POPLA decision I am happy to pay £85 in the spirit of moving forward. 
7. no answer from PPS. so i called them today. I was told by person on the phone that matter was passed to Debt recovery agency- and I have to deal with them. whether I pay or not is up to me - but if things go to court it could lead to CCJs . impact on credit rating . etc 

What should be my next move pls? I dont want my credit rating to be impacted and this all feels a bit scary.. 

Many thanks. 

AB

Coupon-mad

private parking Solutions Ltd

Full name of parking firm please because it's not that.

KeithP

Hello and welcome.

The fourth post of the NEWBIES thread explains exactly how to deal with debt collectors letters.
To summarise that post - ignore them.

D_P_Dance

Ignore debt collectors letters and do not phone them or the PPC, these claims are nearly all scams. 

'final reminder' letter asking me to "PAY NOW"  £170

They have added what appears to be an extra unlawful amount fof £70 or debt collection. This amounts to double recover and some Judges have dismissed an entire claim because of this. Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V%20Excel%20v%20Wilkinson.pdf?dl=0

However, a VCS appealed this so it may not apply in all cases, read this

https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

starliteaab

Coupon-mad said:

private parking Solutions Ltd

Full name of parking firm please because it's not that

The name of the company says 

Private Parking Solutions (London) Ltd 
PO Box 1115
West Drayton 
UB8 9XD
www.paypa.co.uk

starliteaab

www.paypps.co.uk

Coupon-mad

Private Parking Solutions (London) Ltd 

Which is what I was getting at and expected you to say, but we need facts.   Your post named a different firm entirely, who don't use POPLA.
  
This is no different than any other thread you read when you search 'POPLA lost'.

starliteaab

Coupon-mad said:

Private Parking Solutions (London) Ltd 

Which is what I was getting at and expected you to say, but we need facts.   Your post named a different firm entirely, who don't use POPLA.
  
This is no different than any other thread you read when you search 'POPLA lost'.

I  don’t get it . I have  said PPS all along in the OP. Which is private parking solutions ltd . And they use Popla. Or at least in my case they asked me to appeal there .. these are facts . Why would I be hiding or lying .. 

A_Lert

You need to be precise at company names. PRIVATE PARKING SOLUTIONS LTD and PRIVATE PARKING SOLUTIONS (LONDON) LTD are two different companies.

patient_dream

5. Fast forward to 12 th november. Debt Recovery Plus has sent me a 'final reminder' letter asking me to "PAY NOW"  £170 and option A + B . B says 'face potentiail court action'

The simple fact is ... YOU IGNORE DRP who are only circus clowns and fakers. You do not owe£170, it's the fake DRP add on.
DRP are just middle men wanting a slice of the action and YOU are NOT going to help them.

DRP CANNOT TAKE YOU TO COURT only the PPC can do that so just let DRP waste their time and money.

IGNORE THE FOOLS

starliteaab

Here is the latest response from Appeals team at PPS. 

“ Dear Mr AB

Thank you for your email

Please be advised that the British Parking Association Code of Practice informs parking operators that:

"If prompt payment is made (defined as 14 days from the issue of the Parking Charge Notice) you must offer a reduced payment to reflect your reduced costs in collecting the charge. This reduction in cost must be by at least 40% of the full charge".

As a result, it is not our decision to offer a discounted amount of the PCN. As a member of the British Parking Association Code's Approved Operator Scheme, we are obliged to offer a discounted amount. Whether or not a motorist chooses to make this payment – whether at the discount amount or not – is entirely their own decision. All motorists are offered the same opportunity to appeal against their PCN. Again, if a motorist chooses not to do this, that is their own decision.

According to the evidence, you chose not to accept the opportunity to pay the discounted amount of your PCN. As already explained, motorists who pay their parking charge notice within 14 days of the charge being issued are offered to pay a discounted rate. This is offered due to there being lower costs associated with early settlement.

Appealing with POPLA has no impact on the discounted rate. Your 14 day early-settlement period is not extended or paused while you appeal with POPLA. Once the 14 day period has passed, you are liable to pay the full parking charge notice should your appeal be unsuccessful.

On 09-09-2021, POPLA has notified you by email, that your appeal was unsuccessful. On 04-06-2021, we have sent you a Reminder Notice, notifying you that you are liable to pay the full parking charge notice and giving you 28 days to make the payment. As you chose to do nothing, we are seeking to recover the monies due via our debt recovery procedures and may proceed with Court action against you.”

So what I am hearing here from you guys is , i should totally ignore the DRP letters , AND that ONLY the parking company can take me to court . 

Does that mean , if they (PPS london ltd) decide to pursue this in court, I will have an option to settle the matter before it is actually heard in court ? Quite frankly , I don’t fancy taking this up in court and wasting  time and risk damaging credit history etc  , and who knows how much additional admin charge , interest etc they will add on top of the £170, if I lose in court ??  ..