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  • FIRST POST
    • dgwave73
    • By dgwave73 25th Sep 16, 10:32 AM
    • 22Posts
    • 4Thanks
    dgwave73
    Napier Parking/POPLA appeal, time limit
    • #1
    • 25th Sep 16, 10:32 AM
    Napier Parking/POPLA appeal, time limit 25th Sep 16 at 10:32 AM
    I was issed FCN on 08/05/15. I submitted a POPLA appeal on the 26th May 2015. I have heard nothing until 26/08/16 when I received my appeal rejection from POPLA. I have read the sticky threads and intend to ignore any forthcoming enforcement communication (as per recommendation along with complaint to PCC) but I could not find out whether there are supposed to be any time limits on these sorts of matters. I had almost put this out of my mind (and had deleted lots of useful internet links from my days of research on this excellent forum) but it seems that taking 15 months to come to an appeal decision is woeful - I presume this would be good grounds to include in a complaint....
    Thanks
Page 2
    • Coupon-mad
    • By Coupon-mad 29th Dec 17, 10:50 PM
    • 58,505 Posts
    • 72,004 Thanks
    Coupon-mad
    Napier using BW Legal has proved a source of amusement in 2017, and it is far better being sued by them than Napier themselves.

    As Umkomaas says, you must reply to a LBCCC. Examples of adapted replies talking about the new PAP can be found by 'advanced' searching the forum for the two words: 'solicitors immune' and choose 'view POSTS' (not threads).
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • dgwave73
    • By dgwave73 25th Jan 18, 6:17 PM
    • 22 Posts
    • 4 Thanks
    dgwave73
    Another letter today from bwlegal giving another 17 days to pay. Titled FINAL NOTICE.
    This one states that if I fail to pay "Our Client has instructed us to commence County Court Proceedings against you for recovery of the balance, which may result in you receiving a Letter of Claim pursuant to the Pre-action Protocol for Debt Claims as contained withing the Civil Procedure Rules." Sounds like they are keen to progress this....? Is this a LBCCC or would that document specify that exactly.....?
    Also, given the charge was issued on 30/04/14 and the previous DRPlus letter was dated Nov 2016, there was a gap over over a year until the contact from bwlegal. Is there a time limit on this type of thing, in a similar way to summary Road traffic matters i.e. 6 months...?
    How do I know if it is a fully complaint LBCCC?
    I have read the LBCCC thread and am primed on what to do next so thanks for the direction to that .
    • Coupon-mad
    • By Coupon-mad 25th Jan 18, 6:23 PM
    • 58,505 Posts
    • 72,004 Thanks
    Coupon-mad
    given the charge was issued on 30/04/14 and the previous DRPlus letter was dated Nov 2016, there was a gap over over a year until the contact from bwlegal. Is there a time limit on this type of thing, in a similar way to summary Road traffic matters i.e. 6 months...?
    Nothing to do with real road traffic offences, this is a contractual charge, they would say 'a debt'.

    Any debt claim can be filed within 6 YEARS.


    How do I know if it is a fully compliant LBCCC?
    Who cares? It doesn't matter too much, you should robustly reply and this is on other threads when you search, as already suggested.

    I say it doesn't really matter (don't bust a gut wondering if they've done it right) because you will get a claim and that's the stage where these are won. That's where they screw up, and it's most amusing and well worth the fight of defending.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Umkomaas
    • By Umkomaas 25th Jan 18, 6:26 PM
    • 18,015 Posts
    • 28,520 Thanks
    Umkomaas
    How do I know if it is a fully complaint LBCCC?
    Read it carefully and see how it matches with the October 2017 Pre-action Protocol (PaP).

    There!!!8217;s no standard checklist which will confirm a clear yes or no.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Castle
    • By Castle 25th Jan 18, 6:27 PM
    • 1,769 Posts
    • 2,394 Thanks
    Castle
    Also, given the charge was issued on 30/04/14 and the previous DRPlus letter was dated Nov 2016, there was a gap over over a year until the contact from bwlegal. Is there a time limit on this type of thing, in a similar way to summary Road traffic matters i.e. 6 months...?
    Originally posted by dgwave73
    Your first post stated it was issued on 08/05/15, is this still the same parking ticket?
    • nosferatu1001
    • By nosferatu1001 26th Jan 18, 9:01 AM
    • 2,765 Posts
    • 3,436 Thanks
    nosferatu1001
    " which may result in you receiving a Letter of Claim"

    Menaing this one isnt a letter of claim.
    • dgwave73
    • By dgwave73 5th Feb 18, 3:39 PM
    • 22 Posts
    • 4 Thanks
    dgwave73
    Ah well spotted. The date of the event was 30/04/15 at 1344 hours, with the issue date of the PCN given as 08/05/15.....
    • The Deep
    • By The Deep 5th Feb 18, 3:52 PM
    • 9,502 Posts
    • 9,270 Thanks
    The Deep
    BWL were singled out for sharp practices n the HoC last Friday and reported to the SRA, their card has been well and truly marked. Go here

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    http://parking-prankster.blogspot.co.uk/2018/02/parking-bill-moves-to-next-stage-will.html

    Be sure to bring this to the attention of the judge.

    Have you complained to your MP? Now would be a good time.t
    Last edited by The Deep; 05-02-2018 at 3:54 PM.
    You never know how far you can go until you go too far.
    • dgwave73
    • By dgwave73 5th Feb 18, 4:18 PM
    • 22 Posts
    • 4 Thanks
    dgwave73
    Ok, I'm still confused about LBC's. Do I need to respond formally to what Napier call a 'final notice' or do i wait for the LBC to then submit formal replies.
    Also, given the PaP changed in Oct 2017, does the advice in the newbies thread from 2013 still apply and does the new PaP supercede that which went previously or does the date of the notice come in to it? Is there guidance on how to proceed with the new PaP reply form?
    • KeithP
    • By KeithP 5th Feb 18, 4:44 PM
    • 7,709 Posts
    • 7,438 Thanks
    KeithP
    Read the answer to this question in the NEWBIES thread:

    Q - ''Is this info up to date, because this thread was started in 2013?''


    Is there guidance on how to proceed with the new PaP reply form?
    Originally posted by dgwave73
    Yes there is. In post #2 of that thread.
    .
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