Secure A Space - Parking Collection Services (PCS) POPLA Appeal

KeithP

Moneymike said:

I made a mistake of not checking the deadline for the appeal and I have now completed the POPLA appeal but I cannot submit .

Move on.

Much the same as if you had filed that PoPLA appeal and it had been unsuccessful.

Ignore debt collectors letters and wait for up to six years for a County Court Claim to drop through your letterbox.

But you must keep the parking company updated if you move house in that time, to avoid getting a County Court Judgment behind your back.

Coupon-mad

Ignore it now, you can't use an expired POPLA code and won't get another.  That's a shame, as it might have worked and seen an end to it.  Now you will have to just ignore debt demands for months (see 4th post of the NEWBIES thread) and come back here if you get a court claim.

Obviously, if  you move house within 6 years, you'll know (from the second post of the NEWBIES thread about getting a SAR) that you have to tell the PPC and debt collector to erase the old address, as you can't miss any letters and need to be sure there is no court claim to defend.  

Moneymike

Coupon-mad said:

Ignore it now, you can't use an expired POPLA code and won't get another.  That's a shame, as it might have worked and seen an end to it.  Now you will have to just ignore debt demands for months (see 4th post of the NEWBIES thread) and come back here if you get a court claim.

Obviously, if  you move house within 6 years, you'll know (from the second post of the NEWBIES thread about getting a SAR) that you have to tell the PPC and debt collector to erase the old address, as you can't miss any letters and need to be sure there is no court claim to defend.  

Why is the wait 6 years long? and when can I expect to fully forget about getting a court claim 31/07/2028? which 6 years from the date the parking charge was issued

Umkomaas

Why is the wait 6 years long?

https://www.legislation.gov.uk/ukpga/1980/58

and when can I expect to fully forget about getting a court claim 31/07/2028? which 6 years from the date the parking charge was issued

Sounds about right, but maybe a couple of weeks later (date of NtK). It's rather splitting hairs in trying to be absolutely precise on an exact date so far in the future. 

Moneymike

Advice required: I have a claim form which has an issue date of the 5th of September and by my calculations, I had 33 days to acknowledge service(AOS) and write the defence. The last day to AOS was yesterday which I have now missed. Have I lost this case now or can I set it aside to buy more time? I didn't check all my letters as I was away and currently playing catch up.

Moneymike

Any advice would be helpful. I have not set aside a claim before and I don't understand if I am able to do this based on my circumstance

KeithP

Moneymike said:

Advice required: I have a claim form which has an issue date of the 5th of September and by my calculations, I had 33 days to acknowledge service(AOS) and write the defence. The last day to AOS was yesterday which I have now missed. Have I lost this case now or can I set it aside to buy more time? I didn't check all my letters as I was away and currently playing catch up.

With a Claim Issue Date of 5th September, you had until Monday 25th September to file an Acknowledgment of Service but that didn't happen. 

Since 4pm on Monday 25th September the Claimant has been free to seek a Default Judgment against you.

If they seek and get that Judgment before you have filed a Defence, then they win the race - it's game over - you lose.

Check your MCOL Claim History to see if there is already a Judgment against you. 
If there is, then you can ignore the rest of this post.

On the other hand if you file a Defence before the Claimant actually seeks and gets that Default Judgment, then you win this heat and go through to the next round and I suggest you aim to file a Defence as soon as possible - before 8am in the morning.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread on the Parking board.

Do not try and file a Defence via the MoneyClaimOnline website. The MCOL website should now be treated as 'read only'.

Moneymike

I have a judgement against me. Is there anything I can do get this judgement changed due to extenuating circumstances? Or Any forms I can submit

I’m I able to send in a defence to the courts mailbox tonight.

Umkomaas

Moneymike said:

I have a judgement against me. Is there anything I can do get this judgement changed due to extenuating circumstances? Or Any forms I can submit

I’m I able to send in a defence to the courts mailbox tonight.

Without knowing your 'extenuating circumstances', but if a court claim is not responded to, despite being in receipt of it, courts are not likely to set aside ... and you would lose the £275 set aside fee and still be liable for the cost order awarded against you. 

By when does the Judgment Order tell you to pay the claimant?

Moneymike

I had stressful family bereavement and I spend most of September out of the country. I was under the impression from someone in this forums that the court claim may take number of years to arrive. I am will to make a defence but not sure what my options are atm. Please help me