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    • Umkomaas
    • By Umkomaas 16th Jun 14, 11:16 AM
    • 25,120 Posts
    • 40,519 Thanks
    Umkomaas
    • #2
    • 16th Jun 14, 11:16 AM
    • #2
    • 16th Jun 14, 11:16 AM
    Did you appeal to PE after receiving your initial Notice to Keeper? When was that, and what was their response?
    Please note, we are not a legal advice forum. I personally don't get involved in the critiquing of court case papers, so unable to help on that front. Please don't ask.
    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.
    • da_rule
    • By da_rule 16th Jun 14, 11:34 AM
    • 3,542 Posts
    • 3,212 Thanks
    da_rule
    • #3
    • 16th Jun 14, 11:34 AM
    • #3
    • 16th Jun 14, 11:34 AM
    Was your reply not a 'full response' then?
  • Geordiegirl1955
    • #4
    • 16th Jun 14, 11:36 AM
    • #4
    • 16th Jun 14, 11:36 AM
    No. I only started corresponding with them after I received the LBCCC. I know now that was wrong, but I only realised that after reading this forum.
  • Geordiegirl1955
    • #5
    • 16th Jun 14, 11:46 AM
    • #5
    • 16th Jun 14, 11:46 AM
    I said I disputed the alleged debt and I requested a fully compliant letter. They sent the standard letter saying their original letter was compliant. I've written back stating their letter wasn't compliant and gave reasons as to why. I also questioned their reasoning as to why POPLA couldn't be used and have requested they send me a POPLA code.
    • da_rule
    • By da_rule 16th Jun 14, 11:52 AM
    • 3,542 Posts
    • 3,212 Thanks
    da_rule
    • #6
    • 16th Jun 14, 11:52 AM
    • #6
    • 16th Jun 14, 11:52 AM
    Ok, well it sounds like you have given a 'full response' to their LBCCC?
  • Geordiegirl1955
    • #7
    • 16th Jun 14, 11:57 AM
    • #7
    • 16th Jun 14, 11:57 AM
    Can PE issue court papers without giving me the info I requested or providing me with a POPLA code ?
    • da_rule
    • By da_rule 16th Jun 14, 12:12 PM
    • 3,542 Posts
    • 3,212 Thanks
    da_rule
    • #8
    • 16th Jun 14, 12:12 PM
    • #8
    • 16th Jun 14, 12:12 PM
    Can PE issue court papers without giving me the info I requested or providing me with a POPLA code ?
    Originally posted by Geordiegirl1955
    Simple answer, yes.

    If the questions you asked were relevant and the answers may have been likely to convince you to pay then the court may look less favourably on ParkingEye, but they do not have to disclose anything until they have filed proceedings. Then you can make a request for them to disclose anything else that could be relevant that they haven't disclosed as part of their standard disclosure.

    Whilst there is no time limit on issuing a POPLA code, the PPC's and the BPA have set out in their 'rules' that the PPC only has to give a POPLA code if the appeal is lodged within their arbitrary time limits. The justification being that they are giving you the best part of a month to appeal and giving you warnings that court action etc could result so if you ignore them then you only have yourself to blame. That said, the courts have ordered PPC's to issue POPLA codes to resolve the matter as a form of ADR, but this is rare.
    • Redx
    • By Redx 16th Jun 14, 12:14 PM
    • 25,026 Posts
    • 31,970 Thanks
    Redx
    • #9
    • 16th Jun 14, 12:14 PM
    • #9
    • 16th Jun 14, 12:14 PM
    they are under NO obligation to give you a popla code , even though they can do so

    if they fail to comply with the LBCCC process then yes they could issue court papers but then you would tell the court of their failures in compliancy , wouldnt you ?

    afaik they can issue court papers at any time , rightly or wrongly , but will be trying to show any court they have complied with the law including the LBCCC process

    thats my non-legally trained understanding anyway (my humble opinion)
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • Geordiegirl1955
    How do I go about making a complaint to the Solicitors Regulation Authority and is it worth doing ?
    • da_rule
    • By da_rule 16th Jun 14, 12:35 PM
    • 3,542 Posts
    • 3,212 Thanks
    da_rule
    How do I go about making a complaint to the Solicitors Regulation Authority and is it worth doing ?
    Originally posted by Geordiegirl1955
    Just go to their website. It is only worth doing if you are complaining about a solicitor, so it would depend who the LBCCC is signed by.

    For example, if a company or Joe Bloggs (who isn't a solicitor) writes a letter that doesn't comply with the Civil Procedure Rules or is misleading then that is up to the court to sort out. If the letter is signed by a solicitor (or a firm of solicitors) then this is something the SRA may be interested in.
    • Redx
    • By Redx 16th Jun 14, 12:39 PM
    • 25,026 Posts
    • 31,970 Thanks
    Redx
    How do I go about making a complaint to the Solicitors Regulation Authority and is it worth doing ?
    Originally posted by Geordiegirl1955
    I would have thought that aspect was covered in the lazy daisy thread linked in the crabman sticky thread
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • Geordiegirl1955
    The signature on the LBCCC has " ParkingEye Legal Department" printed underneath it
    • da_rule
    • By da_rule 16th Jun 14, 12:41 PM
    • 3,542 Posts
    • 3,212 Thanks
    da_rule
    The signature on the LBCCC has " ParkingEye Legal Department" printed underneath it
    Originally posted by Geordiegirl1955
    It's worth a go, you've got nothing to loose. An 'in house' legal department is still bound by a majority of the SRA Code of Conduct.
    • trisontana
    • By trisontana 16th Jun 14, 12:42 PM
    • 9,031 Posts
    • 13,979 Thanks
    trisontana
    PE's solicitor is Rachel Ledson. That's who you should complain about,
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
    • zzzLazyDaisy
    • By zzzLazyDaisy 16th Jun 14, 3:58 PM
    • 12,134 Posts
    • 18,762 Thanks
    zzzLazyDaisy
    When did you send your last LBCCC letter to PE and did you give them a time scale in which to respond?

    Also - just for clarification - a 'Response' under the PD is a specific step in the procedure which you cannot reasonably provide without the PD information which PE is supposed to give you in their LBCCC (but won't because they want to keep you in the dark and feed you bull****). So no, your reply was not a formal Response under the PD but a request for information.

    Daisy
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
    • Fergie76
    • By Fergie76 16th Jun 14, 5:12 PM
    • 2,227 Posts
    • 2,293 Thanks
    Fergie76
    The signature on the LBCCC has " ParkingEye Legal Department" printed underneath it
    Originally posted by Geordiegirl1955
    Companies should have to put a name and real signature on official correspondence, especially legal paperwork so someone can be held accountable.
  • Geordiegirl1955
    Just sent last LBCCC, gave them 14 days to reply. In my first letter I told them I would give a Response within 30 days of them sending me a compliant letter.
  • Geordiegirl1955
    Need help composing letter to SRA. Any help would be much appreciated
  • Geordiegirl1955
    Have opened a new thread under the heading Help with letter to the SRA as I have not had any replies as yet. As a newbie I hope this is the right thing to do
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