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Back to CEL after solicitors - is this LBC?
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Murphy9243
Posts: 5 Forumite
I'm now at the stage where I have ignored all solicitors' correspondence and the fee is now cruising upwards. As predicted by this forum, it is now back with the original Civil Enforcement who issued the fine. My letter states that I have 30 days to pay otherwise they have no option but to issue Court proceedings. Can I clarify if this the Letter before Claim?
Can someone advise if I wait 30 days and wait for the next letter to say they are taking me to court or do I respond now with SAR?I have found a SAR template on here - is SAR just to stall them and find out exactly what they know about my fine.
My other question is if I replied back to CEL and inform them unless the fee is substantially reduced or wiped then I am happy to go to court given that I wasn't provided an opportunity to have my appeal considered as POPLA didn't receive my PDF which has photographic evidence etc.
Please do not get angry with me for writing this! I simply would consider this as an option especially if the fine becomes minimal or am I being naive?
(Brief background is I stupidly and naively acknowledged it last year (April) but appealed via POPLA with what I believe was a good appeal (inadequate signage/font) I kept to a legal argument and backed it up with pictures of trees hanging over loads of the signs! To my utter disbelief and anger, POPLA never received my appeal (pdf) despite receiving a response saying thanks for successfully uploading your appeal! I tried to engage POPLA several times but it got to a stage where they said to me “don’t contact us again- decision is final )
Any advice is appreciated, I have researched extensively on the forum and find the court letter by bargepole re inadequate signage to be concise but still feel out of my depth. I am 100% convinced that my POPLA appeal would have gone in my favour as I spent a long time writing this appeal with a clear argument based on small font/inadequate placing of signage/obstruction by trees.
Can someone advise if I wait 30 days and wait for the next letter to say they are taking me to court or do I respond now with SAR?I have found a SAR template on here - is SAR just to stall them and find out exactly what they know about my fine.
My other question is if I replied back to CEL and inform them unless the fee is substantially reduced or wiped then I am happy to go to court given that I wasn't provided an opportunity to have my appeal considered as POPLA didn't receive my PDF which has photographic evidence etc.
Please do not get angry with me for writing this! I simply would consider this as an option especially if the fine becomes minimal or am I being naive?
(Brief background is I stupidly and naively acknowledged it last year (April) but appealed via POPLA with what I believe was a good appeal (inadequate signage/font) I kept to a legal argument and backed it up with pictures of trees hanging over loads of the signs! To my utter disbelief and anger, POPLA never received my appeal (pdf) despite receiving a response saying thanks for successfully uploading your appeal! I tried to engage POPLA several times but it got to a stage where they said to me “don’t contact us again- decision is final )
Any advice is appreciated, I have researched extensively on the forum and find the court letter by bargepole re inadequate signage to be concise but still feel out of my depth. I am 100% convinced that my POPLA appeal would have gone in my favour as I spent a long time writing this appeal with a clear argument based on small font/inadequate placing of signage/obstruction by trees.
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Comments
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If it says you have 30 days, and has financial forms attached that they want you to fill in, then yes it is a LBC.
You need to respond to it robustly, but you do not fill in the forms.
Send the SAR as soo as possible. You need to winkle out what evidence they hold, and any they may be withholding as well.
Include the fact that your PoPLA appeal was lost.
Complain about the latter to the BPA and DVLA. Point out that by PoPLA losing your appeal (which they must have done since they have acknowledged its receipt) you have been denied access to alternative dispute resolution which is yours by right as per the ADR Act 2015. Within the act it states that you have not less than a twelve month to make your appeal, so you are being denied that right as well in defiance of the will of parliament.
Also complain to your MP and the landowner about this unregulated scam, and denial of your rights to an independent appeal.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
Is this now two threads we have about this one CEL incident?
Please ask a Board Guide to merge your two threads. Thanks.0 -
Sorry, I’m not sure of the etiquette here or what I’m doing wrong? How do I ask to merge threads? I thought asking to check over a SAR letter was different ?
Any advice would be appreciated as to where I’m meant to post . I want to send my SAR letter tomorrow but now no one has replied ? I would really like some advice - do I need to retype it elsewhere ?0 -
Is this now two threads we have about this one CEL incident?
Please ask a Board Guide to merge your two threads. Thanks.
Go back to the forum thread list (hit your 'Back' button to get there), then scroll to the foot of the page and you'll see three Board Guides listed there - Crabman, savvy and soolin. Click on any name and send them a request to merge your threads.Murphy9243 wrote: »Sorry, I’m not sure of the etiquette here or what I’m doing wrong? How do I ask to merge threads?Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Nine times out of ten these tickets are scams so complain to your MP.
Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.
Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.
http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted
Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.You never know how far you can go until you go too far.0
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