County Court Defence - POPLA error

[Lego]

As the registered keeper, a PCC was issued on July 2015 via post from ANPR controlled car park with pay and display. I sent an appeal to Parking Eye with help of the forum and was given a POPLA code. I attempted to appeal via POPLA, but this was during the period of change from London Council to Ombudsman Services. A letter was sent from POPLA stating I will be contacted to submit my evidence in due course. I recieved no further correspondance from POPLA.

Despite this I received a Letter Before County Council Claim. To which I sent a reply, stating I was awaiting an opportunity to submit evidence to POPLA. I received no reply from ParkingEye and then got my County Court Form (N1) – stating that I have not taken my opportunity to appeal.

I have taken the following action:

1. Complaint to POPLA - no opportunity to submit evidence – I have evidence from POPLA I submitted by intention
2. Acknowledged the County Court Claim to extend to 28 days for defence
3. Prepared a skeleton defence
4. Sent a letter to ParkingEye (Free proof of Postage) with CPR 31.14 requesting the following:
   1. Contract with the landowner that demonstrates the right to enter into contracts and make claims in ParkingEye’s own name
   2. Data that shows the parking event
   3. Signage map
   4. Terms and conditions
   
   
5. Taken photographs of the signage at the car park

My questions:

1. Can I defend by stating that due to administration errors at POPLA that I was denied the opportunity to appeal and I have attempted to communicate outside of court with no reply?
2. Are they required to prove as stated on the County Court Papers – ‘no valid ticket’ - as the system involves entering your reg into the machine?
3. On my defence, can I use The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Does ANPR-controlled care park, count as ‘Automated Premise?’
4. When submitting a defence to MCOL - can I just submit an outline (for example: bullet point) for which I want evidence from ParkingEye - then bulk it out at a later date if they decide to pursue to court?

[mystery1]

Re: County Court Defence - POPLA error

So what is the deadline for your defence ?

M1

[Lego]

Re: County Court Defence - POPLA error

Taken from MCOL:

A claim was issued against you on 18/01/2016



Your acknowledgment of service was submitted on 29/01/2016 at 15:32:10



Your acknowledgment of service was received on 29/01/2016 at 16:01:43




So I assume: 14/02/2015

[mystery1]

Re: County Court Defence - POPLA error

Contact aos@britishparking.co.uk and make sure your appeal is still in the system. Don't mention court until that's confirmed.

M1

[Lego]

Re: County Court Defence - POPLA error

Contact aos@britishparking.co.uk and make sure your appeal is still in the system. Don't mention court until that's confirmed.

M1

Done!

[mystery1]

Re: County Court Defence - POPLA error

My presence will scarce next 2 days as i'm working, just so you know

M1

[Lego]

Re: County Court Defence - POPLA error

I was thinking of sending the following direct letter to the court and cc Parking Eye, what do you think?

To whom it may concern:
I wish to request that the above case is deemed not appropriate for court for the following reasons:

1. I have initially appealed directly to the claimant with regards the parking charge. This was rejected and they redirected me to their alternative dispute resolution (ADR) - POPLA as per British Parking Association Code of Practice. On 05/09/2016, I submitted my intention to appeal to POPLA. I was advised via email correspondence from POPLA, that they were unable to process my appeal at this time as they were in the process of change of administration from London Councils to Ombudsman Services. They stated they would contact me at later date to submit evidence to complete my appeal. I have to date received no correspondence from POPLA to request the evidence to complete my appeal. In postal response to my Letter Before County Court Claim, I stated that I was still awaiting an opportunity to submit my evidence to POPLA. I received no direct reply from the claimant and later received my county court claim form. As I was open to ADR and through administration errors out of my control, I request this case be redirected to POPLA for resolution.
2. The claimant has been sent a postal request with proof of postage, CPR 31.14 to enable me to formulate a defence. As to date, no reply has been received from the claimant.

Best Regards,

[mystery1]

Re: County Court Defence - POPLA error

Not yet. We need to make sure there is an outstanding appeal in the system as far as the BPA are concerned then get the claim booted.

Have they got back to you yet ? If not phone tomorrow. 01444 447 300

M1

[Lego]

Re: County Court Defence - POPLA error

Not yet. We need to make sure there is an outstanding appeal in the system as far as the BPA are concerned then get the claim booted.

Have they got back to you yet ? If not phone tomorrow. 01444 447 300

M1

Complaint with POPLA directly - not playing ball - suggested they liaised with BPA - code no longer valid
Complaint with BPA - they requested the evidence of the emails I had previously recieved on Monday - no further replies since then

The letter was sending on Friday - I just wondered if it had the right tone

[mystery1]

Re: County Court Defence - POPLA error

When did you lodge the popla appeal ?

M1

[Lego]

Re: County Court Defence - POPLA error

05/09/2015

[mystery1]

Re: County Court Defence - POPLA error

During the changeover. Who did you send it too ? Was it just an intention to appeal ?

M1

[Lego]

Re: County Court Defence - POPLA error

During the changeover. Who did you send it too ? Was it just an intention to appeal ?

M1

Sent to POPLA via website (London Council) - Just an intention to appeal

[mystery1]

Re: County Court Defence - POPLA error

http://parking-prankster.blogspot.co...-tomorrow.html

I think you would have done this via the new popla ?

Call them 03301596126

A letter was sent from POPLA stating I will be contacted to submit my evidence in due course.

Can i see a sanitised version of this please ?

M1

[Lego]

Re: County Court Defence - POPLA error

http://parking-prankster.blogspot.co...-tomorrow.html

I think you would have done this via the new popla ?

Call them 03301596126



Can i see a sanitised version of this please ?

M1

Attached the edited letter