Civil Enforcement POPLA Appeal Response - Help Required

babaman8000

Hi All,

Reposting back on this thread from last year....as a reminder i got a PCN from parkng CE as forgot to pay for parking and kept on ignoring their letters. I had previosuly appealed to CE and Popla and they rejected all of the appeals. Also contacted the landlord and he said cant do anything. 

I have now  received a "Letter Before Action - Claim for Debt Unpaid Parking Charge" with a outstanding amount of £170. This is from the CE legal team. 

Seems like the std letter mentioned in other threads that I have 30 days to complete the Reply form and that if I dont do it, they will commence proceedings. 

I am reading Post 2 of the Newbie Thread to figure out what i need to do next so appreciate the advice on next steps.

Do i respond to the "Letter before Action" letter now or do I wait for a CCJ / claim form and put a defense forward in front of a judge?

I wasnt the driver on the day of the PCN and I have read on some of the threads that you can also tell them the driver details so that the whole PCN and appeal process can start again with the new driver. 

Coupon-mad

But if you do that, the driver would also lose at appeal. And more importantly: which of you is the more robust person to defend a claim using our template defence?

If it is them, then transfer liability now.

If you are better at this, await the CEL claim.

Just await the claim form as that's the stage when everyone wins. It's the only fair debt resolution you get.

While you wait for a claim form please read this message and take time this month to do the vital current Public Consultation:

https://forums.moneysavingexpert.com/discussion/comment/81552148/#Comment_81552148

It's important that the Government hears from people like you with unfair charges who are facing the prospect of scary court claims.

The link shows the two vital points to concentrate on, IMHO:

- banning 'fee' add-ons completely. In your case there is no third party so no added costs are justified;

- making sure a new SINGLE appeals service replaces POPLA and the IAS which are seen as not fully independent and involved in a 'race to the bottom'.

Click through to the main thread about the Consultation, Do not be deterred by the fact that some questions are for the parking industry only.

We are currently discussing how to respond. Please join us in doing this Consultation before it closes in three weeks. This is your one chance to make a difference re the proper regulation of private parking.

babaman8000

Thanks for the advice. 

I am better suited to defend the claim in court so will continue with it. 

Will also complete the public consultation activities. 

Coupon-mad

babaman8000 said:

Thanks for the advice. 

I am better suited to defend the claim in court so will continue with it. 

Will also complete the public consultation activities. 

Good. 

Re the Consultation: there are just 2 weeks left but please don't rush it. You can do some then save it and come back to it as you have time.

We understand that you may need some pointers. It looks laborious, we get that. So to try to help, I've written some guidance now, on that thread.

Any questions on the Consultation please ask - on the dedicated thread - but I've covered up to question 20 already in that first post, openly telling everyone what I'm going to put and/or what sort of evidence you might wish to use for your response, if you agree with what we'll be saying from our experience.

Whilst your answers must of course be your own, there are vital points to safeguard motorists interests to make, that many people may not think of without our guidance because we see cases every day and we know the legal background. 

However, people like you have lived & breathed the intimidation, greed and unfairness first hand so your voice is needed!

I will add more guidance there this week.