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CCJ threat from DRP after failed POPLA appeal - Initial Parking
tiltedtable
Posts: 1 Newbie
Back in April I spent 15 mins (not parked) in a signposted car park in Llanberis. The only reason I was there was to wait for my partner's parents (senior's) to park their Tesla and connect this to an electric charger in the car park before giving them a ride elsewhere. This took 15 mins 39 seconds because their electric charger, advertised on 'Zapmap' as available was out of action with no signage to indicate so, and so some moving and shuffling later the Tesla was eventually put on charge.
Some months later the NTK arrived from Initial which I immediately challenged on 1st May using the template letter from the Newbies forum. This was quickly rejected on the grounds that signage was adequate and the vehicle wasn't exempt, however, they didn't answer any of the questions I set out to them in the appeal.
I then submitted a POPLA appeal on May 30th (my first time using POPLA), which was eventually rejected in June. This included the circumstance of the charge (faulty EV chargers, potential breach of contract law as available on ZapMap), a signed letter from the driver of the Tesla confirming this, imagery of a lack of clear signage on entry to the car park, and a point that their appeal rejection demanded a POPLA appeal be made within 28 days, when under BPA AOS Code of Practice B.22.8 Initial had 35 days to answer the questions in my Initial appeal, which they hadn't done.
Since losing the POPLA appeal I have received an email and three letters from Debt Recovery Plus. the first two physical letters claimed to be the '4th' letter, and the third letter issued this week is threatening 'a CCJ can be issued against me' if £170 isn't paid by 13th November.
I have taken the Newbies advice as far as I understand, ignoring all the DRP letters, and have never identified the myself or anyone else as the driver of the vehicle at the time. All that being said, the prospect of court seems very scary, and I really don't want any credit score being affected by a potential CCJ!
I previously ignored letters on a parking claim that led to one of the common legal firms emailing me. I don't think I ever had a 'letter before/of' but the fact it was a legal firm scared me enough into paying £170
I'm just looking for advice if people think I would have a solid legal defence should the worst happen? The fact they have a rejected POPLA appeal in their pocket doesn't boost my confidence though I know that is a separate matter. Would a 'letter of' be expected following the last DRP letter? Thanks in advance for any advice...
Some months later the NTK arrived from Initial which I immediately challenged on 1st May using the template letter from the Newbies forum. This was quickly rejected on the grounds that signage was adequate and the vehicle wasn't exempt, however, they didn't answer any of the questions I set out to them in the appeal.
I then submitted a POPLA appeal on May 30th (my first time using POPLA), which was eventually rejected in June. This included the circumstance of the charge (faulty EV chargers, potential breach of contract law as available on ZapMap), a signed letter from the driver of the Tesla confirming this, imagery of a lack of clear signage on entry to the car park, and a point that their appeal rejection demanded a POPLA appeal be made within 28 days, when under BPA AOS Code of Practice B.22.8 Initial had 35 days to answer the questions in my Initial appeal, which they hadn't done.
Since losing the POPLA appeal I have received an email and three letters from Debt Recovery Plus. the first two physical letters claimed to be the '4th' letter, and the third letter issued this week is threatening 'a CCJ can be issued against me' if £170 isn't paid by 13th November.
I have taken the Newbies advice as far as I understand, ignoring all the DRP letters, and have never identified the myself or anyone else as the driver of the vehicle at the time. All that being said, the prospect of court seems very scary, and I really don't want any credit score being affected by a potential CCJ!
I previously ignored letters on a parking claim that led to one of the common legal firms emailing me. I don't think I ever had a 'letter before/of' but the fact it was a legal firm scared me enough into paying £170
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Comments
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Firstly a potential CCJ would not impact your credit score. An actual CCJ may impact but you are a fair way off that and if you follow the advice of the regular posters on here you will never get to that CCJ stage.Also, reading the other threads the rejected POPLA appeal will not have any impact on the likely outcome1
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DRP = DON'T REPLY PLEASE
Despite all the rubbish they spout, especially CCJ's is just total rubbish
Nasty little scaremongers who have no power.
DRP live in the clouds and must be ignored, the only thing their rubbish letters are good for is cat litter trays1 -
At the moment then, you have had NTK, failed POPLA appeal and begging letters sometimes called debt recovery letters. Have you received a letter before/of claim or a N1SDT claim form? As mentioned above, you cannot just "get" a CCJ, you have to have received an N1SDT claim form, completed the AoS, submitted a defence and witness statement (later in the process) and lose in court - and even then you would have to have failed to pay what the judge demanded in the time scale he/she set.1
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DRP cannot take court action only the parking company or their solicitors can, and you cannot just get a CCJ unless you lose, and then don't settle up in the required time frame.The extra £70 is an add on from DRP and would be thrown out in court anyway.What did you add to the template appeal that's not really recommended what ever you say won't make the slightest difference and probably made it worse, but no matter now.But if you received the NTK "some months later" I assume you mean weeks, if so how long and if out of time why didn't you use that as your basis for POPLA all that waffle about what happened on the day was never going to win.POPLA isn't binding on you and bears no importance to any claim anyway.
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