APCOA - Manchester Victoria Train Station PCN

[mystery1]

Re: APCOA - Manchester Victoria Train Station PCN

Dear Dipstick,

I have appealed this matter and i am currently awaiting the result. Your client should not be pursuing this matter without the appeal having been decided.

Yours etc


See if they tell you you didn't appeal or you lost and the result must have gone awol. They'll look might silly if the former and you then produce proof to the contrary.

M1

[Guest]

Re: APCOA - Manchester Victoria Train Station PCN

Once again, I feel like an idiot.

As it turns out, they did send us a rejection letter, but a family member had sorted out the post whilst we were away and now we've found it. I tried putting in the POPLA code (although 6 weeks out of date) and, anticlimactically, it has expired.

Now it makes sense as to why it has gone to collections, whats our best option going forward? Could we feign ignorance and state we didn't receive the letter (it wasn't signed for so there isn't any "proof" we've got it)?

My aim here is to be able to enter the POPLA appeal process, I can hardly expect our family member to pay the accrued £100 because they moved our post around, and it feels like a real kick in the teeth paying it.

Any advice is appreciated as usual (I now owe you a debt of gratitude).

Thanks,
James.

[mystery1]

Re: APCOA - Manchester Victoria Train Station PCN

Now it makes sense as to why it has gone to collections, whats our best option going forward? Could we feign ignorance and state we didn't receive the letter (it wasn't signed for so there isn't any "proof" we've got it)?

If it were ever to go to court this could bite you. I wouldn't.

My aim here is to be able to enter the POPLA appeal process, I can hardly expect our family member to pay the accrued £100 because they moved our post around, and it feels like a real kick in the teeth paying it.

Forget popla. It's gone.

You don't have to pay. They may try court but for train stations, bylaws usually apply and they really dislike taking bylaw cases to court primarily because they want to use civil courts but bylaws are criminal and they have a huge issue, legally speaking.

M1

[Guest]

Re: APCOA - Manchester Victoria Train Station PCN

So what would you suggest to do going forward? Just to ignore any and all contact?

If so, when would this be dropped? I imagine it's possibly indefinite?

Thanks again for all your help,
James.

[mystery1]

Re: APCOA - Manchester Victoria Train Station PCN

So what would you suggest to do going forward? Just to ignore any and all contact?

If so, when would this be dropped? I imagine it's possibly indefinite?

Thanks again for all your help,
James.

I would ignore anything that is not a letter before action or court papers.

Bylaws require prosecution in 6 months where as a civil case has a time limit of 6 years.

M1

[Guest]

Re: APCOA - Manchester Victoria Train Station PCN

Hi Mystery,

Will be following your advice, just to clarity, a 'letter before action' document is a specific letter that's required to be sent out before court action? What would you suggest we do if this letter comes through? Pay up?

In terms of 6 months to prosecute, is that since the date of the incident?

Thanks again for your help,
James.

[mystery1]

Re: APCOA - Manchester Victoria Train Station PCN

a 'letter before action' document is a specific letter that's required to be sent out before court action?

Yes and no. It's required by the rules but the sanction for not doing so (or even doing so very badly) lies in costs, so in practice, it doesn't mean much.

What would you suggest we do if this letter comes through? Pay up?

You could, but as we never saw the signs i'm still wondering what they said. It also looks like she was fractionally outside the lines so a potential "de minimis" argument (the court should not be bothered with matters so inconsequential that normally nobody would give a shit (roughly))

If the driver and registered keeper are different then i certainly wouldn't pay.

In terms of 6 months to prosecute, is that since the date of the incident?

Yes.

M1

[Guest]

Re: APCOA - Manchester Victoria Train Station PCN

Yes and no. It's required by the rules but the sanction for not doing so (or even doing so very badly) lies in costs, so in practice, it doesn't mean much.

You could, but as we never saw the signs i'm still wondering what they said. It also looks like she was fractionally outside the lines so a potential "de minimis" argument (the court should not be bothered with matters so inconsequential that normally nobody would give a shit (roughly))

If the driver and registered keeper are different then i certainly wouldn't pay.

You are correct about the registered keeper and driver were different, so that helps, although I think I posted signs from the car park (may have been removed as it's been 5.5 months since originally posting), I suppose it doesn't matter much now.

As it is only 2 weeks until the 6-month mark, I suppose we will keep our eyes open until then. Would we have any option to get the solicitors off our backs, if past the 6-month mark they are no longer able to open a court case? This isn't exactly an issue but would be nice to have one less spammer sending mail to our house.


Also Mystery1, how can I ever repay you for your help? Is there some way I can show appreciation for your help in not only this case but also the prior case which we had dropped thanks to you?


James.

[mystery1]

Re: APCOA - Manchester Victoria Train Station PCN

Would we have any option to get the solicitors off our backs, if past the 6-month mark they are no longer able to open a court case?

It'd be rare that they showed any interest in a criminal case under the bylaws. There is little you can do about all the letters they will send.

M1