Too late for a POPLA appeal?

Umkomaas · 13 July 2018 at 3:30PM

Is it worth seeing if Britannia Parking will engage with IAS on my case - or will it simply be a waste of time and the £15 fee?

Britannia are BPA operators and POPLA is their standard second stage appeal service. The IAS is the IPC's version - and we almost never recommend anyone appealing to them, and especially not to their 'special' service @ £15 a pop, where you guarantee to be bound by their decision.

I was a little puzzled why CM mentioned the IAS.

Fruitcake · 13 July 2018 at 3:51PM

Umkomaas wrote: »

Britannia are BPA operators and POPLA is their standard second stage appeal service. The IAS is the IPC's version - and we almost never recommend anyone appealing to them, and especially not to their 'special' service @ £15 a pop, where you guarantee to be bound by their decision.

I was a little puzzled why CM mentioned the IAS.

IAS is a generic term for independent appeals service, and applies to the semi-fair BPA version, PoPLA, as well as the chocolate firebrick IPC version, IAS

Umkomaas · 13 July 2018 at 4:24PM

Fruitcake wrote: »

IAS is a generic term for independent appeals service, and applies to the semi-fair BPA version, PoPLA, as well as the chocolate firebrick IPC version, IAS

I know that, but usually here the IPC version is capitalised (IAS), whereas the generic tends to be shown in lowercase (ias).

Still puzzled why CM included reference - if it was in the context of the 12-month legal option it would be 'ADR'. I'm sure CM will be along later, once the evening/night shift commences, and enlighten us.

Stanley_St · 2 April 2019 at 5:42PM

I have continued with this thread, though my situation has now moved on from that described at the outset. I have ignored various debt collection letters and a Letter of Claim, and now have a Claim form in the County Court Business Centre, and find myself reading these threads again and wondering what to do.

Alas I am late again, but have sent off the Acknowledgement of Service form online at the MCOL website, even though much later than it says I should have done. I hope there is some flexibility in this.

The MCOL Defence form is very simple, with a maximum of 122 lines to state my defence. Yet the defences that I see links to in the Newbies thread stretch to far more than that.

Am I missing something?

Redx · 2 April 2019 at 5:48PM

yes , the defence will be printed , signed and dated , scanned back to your pc, saved as a pdf doc and emailed to the CCBC (you wont be using their 122 line submission page)

tell us the DATE OF ISSUE on your N1 form and you will get the usual lowdown on the what , why and when in return

as the AOS has been completed , start drafting your defence , AFTER you have emailed a SAR to BRIT , to their DPO, asap

Stanley_St · 2 April 2019 at 6:01PM

Redx wrote: »

yes , the defence will be printed , signed and dated , scanned back to your pc, saved as a pdf doc and emailed to the CCBC (you wont be using their 122 line submission page)

tell us the DATE OF ISSUE on your N1 form and you will get the usual lowdown on the what , why and when in return

as the AOS has been completed , start drafting your defence , AFTER you have emailed a SAR to BRIT , to their DPO, asap

Oh thanks, that is helpful. As the online form requires there to be a response in that section, I suppose I just need to write that it is being faxed separately.

The date on the N1 is 26 February.

Redx · 2 April 2019 at 6:05PM

you do not write ANYTHING AT ALL in that online defence box

anything written in that online box will be taken as THE DEFENCE , even if it is just a full stop. plus nothing at all will be "faxed"

stop assuming and follow the correct advice, the walkthrough guides and explanations are in post #2 of the NEWBIES thread

and yes you seem to have failed the AOS option of 19 days from the date of issue, so lets hope that the CCBC accept this late AOS

it seems to me that the deadline for your defence is today or this week

KeithP · 2 April 2019 at 6:12PM

Do not write anything on that form. Nothing at all.

I'm going to assume that the Claim Form came from the County Court Business Centre in Northampton. Please confirm.

With a Claim Issue Date of 26th February, you had until Monday 18th March to do the Acknowledgement of Service. Did you do the AoS in that timescale? Again please confirm.

If you did the AoS by Monday 18th March, then you had until 4pm on Monday 1st April 2019 to file your Defence.

If you did not do the AoS by that date, the Claimant has been free to seek a Default Judgment at anytime since then.

As you say, you have left this late - an understatement.

Probably best to check the Claim History on MCOL before doing anything else.
If a Default Judgment has been awarded, then there is no rush to file a Defence.

Your Defence should be filed via email as suggested here:

Sign it and date it.
Scan the signed document back in and save it as a pdf.
Send that pdf as an email attachment to [email protected]
Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

You really must file your Defence at the earliest opportunity - before 8am in the morning would be best.

You may already be too late. Since this morning, Tuesday 2nd April, the Claimant has been free to seek a Default Judgment against you

File a Defence tonight.

Stanley_St · 2 April 2019 at 6:25PM

KeithP wrote: »

Do not write anything on that form. Nothing at all.

You mean not use the form at all or just that section?

KeithP wrote: »

I'm going to assume that the Claim Form came from the County Court Business Centre in Northampton. Please confirm.

Yes

KeithP wrote: »

With a Claim Issue Date of 26th February, you had until Monday 18th March to do the Acknowledgement of Service. Did you do the AoS in that timescale? Again please confirm.

Alas no

KeithP wrote: »

If you did the AoS by Monday 18th March, then you had until 4pm on Monday 1st April 2019 to file your Defence.

As you say, you have left this late - an understatement.

Probably best to check the Claim History on MCOL before doing anything else.
If a Default Judgment has been awarded, then there is no rush to file a Defence.

I can't see anything online about a default judgement.

Your advice on this is much appreciated. I shall see what I can do...

Redx · 2 April 2019 at 6:30PM

do not use any forms, none at all

do your defence in word , save as a pdf , print , sign and date it , scan it back to pc, save as a pdf (a signed and dated pdf)

email it as an attachment to the CCBC , the details are clearly given in the post above by KeithP

do this tonight , asap, because you missed the court deadline of yesterday

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