UK-CPM PCN help please

Coupon-mad

There are two stages to appeals.

RobinHill

Coupon-mad: What are the two stages? The advice referred to a Plan A and a Plan B. Plan A is 400 miles away and I couldn't find who the land owner is. So I opted to follow Plan B. I took these to be options ie. option A OR option B. Have I mis-understood and these aren't options but are in fact steps or stages?

JerryJ64

IAS appeal is PlanC. You have been advised not to bother with Plan C because it is futile.

Plan A... complain to the landowner and your MP.

Plan B... first appeal to the PPC (the IPC is not the PPC. It is the PPCs ATA and the IAS is the ATAs supposedly independent appeals service).

Plan C... secondary appeal to the IAS or POPLA (depending on which ATA the PPC belongs to. In this case, IAS because the PPC belongs to the IPC).

Plan D... get a judge to decide whether you owe any debt to the PPC.

RobinHill

Coupon-mad: You said ... "But no appeal will work, so ignore them after." ... To me this read as ... appeal (but it won't work) and then "ignore them after" ie. once they reply rejecting the appeal. What else do you mean? ... Don't bother appealing at all and just ignore? 

RobinHill

Jerry64: No one that I can see said appealing is futile, best I could understand ... Coupon-mad said ... "No appeal will work, so ignore them after" ... after what? I assumed that meant "ignore them after the appeal" ie. it won't work but it is something you have to do? There is a risk I am still confused but are we saying send the appeal to the PPC ... UK-CPM. If so am I correct in reading the only way that they allow you to do this is by post? Thank you

RobinHill

My use of the term Plan A, B, C etc ... is for eg. Plan A day on the beach, Plan B go for a cycle ride, or Plan C chill out by the pool ... these are usually options, and we decide which one to take. But yet here they seem to be used as individual steps in an overall plan? That is why I got confused with this part of the advice. I thought you were presenting me with options.

JerryJ64

Have you read the Newbies/FAQ thread? There are 4 plans when dealing with a PCN.

Plan A... complain to the landowner and to your MP. Have you done that yet?

Plan B... appeal to the PPC. Have you exhausted Plan A yet? If so, revert to Plan B.

Plan C... if Plan B doesn't get the PCN cancelled, go to Plan C which is appeal to the PPCs ATA IAS, which in this case is the IAS. Appeals to the IAS are futile and it is this Plan that @Coupon-mad has advised you should ignore.

So, as advised in the Newbies/FAQ thread and by others on here, You try the above mentioned plans in sequential order. In your case, ignore Plan C in the highly likely event that your Plan B fails.

What you will be left with is Plan D, which may or may not happen. Plan D is getting a judge to decide whether you owe an alleged debt.

I'm not sure how much simpler I can explain it.

RobinHill

I had read it but have to admit I struggle with it ... even though this is the 5th one you have helped with (only the very first one was mine ... they rest have been me trying to help others). I have re-read it and I think that I understand it a touch more this time. Re. Plan A ... how does she go about finding out who the landowner is as it was 400 miles away? I didn't get a reply when I contacted my MP regarding the first one I had several years ago, however I will ask her to do that. Subsequent ones were quickly dismissed with a non PoFA compliance letter. Because of those points I focused on "Plan B" ie. appeal to the PPC. Coupon-Mad stated "But no appeal will work, so ignore them after" ... I took this to mean it won't work ie. they will reject it but it is a necessary step, and then ignore them after". If not ... ignore them after what? The NtK / the appeal? Like I stated earlier some of the issue may be due to my autism and taking the language as is ie. literally.

RobinHill

* the reason that I am trying to assist is these people would struggle to understand the help on here even more than I do and would just end up paying the PCN to avoid the worry ... which I guess is the opposite of what they need to do with the right help.

JerryJ64

What you or they will be ignoring, whether you apply Plan B or not is the reminder letters, the debt collector letters etc. You or they will be waiting to see if they eventually send a Letter of Claim which follows the Pre Action Protocols. You can look those up and see what they need to include in an LoC. 

The reason we say to check is because many debt collectors try to make their letters sound or look like an LoC but are nothing of the sort. If you do get a real LoC, refer back to the second post in the Newbies/FAQ thread for how to handle it and what any deadlines are.

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf