County Court Defence - POPLA error

[mystery1]

Re: County Court Defence - POPLA error

Send that to the BPA and again to Parking Eye as well as popla themselves. Let them know that due to the failures that court action has commenced even the the code of practice decrees it shouldn't.

Make the phone calls and see what transpires. We have over 2 weeks to submit any court defence that may be needed.

Take notes.

M1

[Lego]

Re: County Court Defence - POPLA error

Send that to the BPA and again to Parking Eye as well as popla themselves. Let them know that due to the failures that court action has commenced even the the code of practice decrees it shouldn't.

Make the phone calls and see what transpires. We have over 2 weeks to submit any court defence that may be needed.

Take notes.

M1

Thank you so much for your support so far, much appreciated.

Clarification:

1) BPA

Contacted BPA by telephone, this morning they unable to comment at that time as those looking into my case where unavailable. They have since sent me an email stating the following: " Thank you for your email which has been logged. I will look into the matter with ParkingEye and once I recieve an update I be in touch."

PS: When I sent my original enquiry to BPA - they requested evidence - I have already submitted my emails and the attached letter (As Uploaded)

To whom it may concern:

I wish to submit a request an investigation into my POPLA appeal. I submitted an intention to appeal on 09/09/2015, during the period of switching over from London Councils to Ombudsman Service. I recieved a reply from yourselves detailing that I should awaiting further correspondence to formally submit my appeal.

Look forward to your reply and any assistance you can offer at this time,

Best Regards,


2) POPLA

23/01 - I sent the email inserted below:

To whom it may concern:

I wish to submit a complaint and request an investigation into my POPLA appeal. I submitted an intention to appeal on 09/09/2015, during the period of switching over from London Councils to Ombudsman Service. I recieved a reply from yourselves detailing that I should awaiting further correspondence to formally submit my appeal. Within this letter, it stated that ParkingEye would be contacted and no further action would be taken until the appeal decision had been made.

Despite, no correspondance from yourselves with regards to my appeal. I have recieved a 'Letter Before County Court Claim' from ParkingEye. I replied to this letter stating that I am still awaiting the opportunity to appeal. They have now send a County Court Claim letter (N1).

Look forward to your reply and any assistance you can offer at this time,

26/01 - Chased reply via telephone - they stated they could not assist as POPLA code no longer valid29/01 - POPLA replied to original email stating again no valid code - directed to Citzen's Advice
29/01 - Replied to POPLA email - stating unacceptable and this was secondary to their adminstration oversight

02/02 - POPLA replied this is outside of their remitand they had discussed with BPAIs it worth sending a copy of the original POPLA appeal letter to 'new' POPLA?(It seems they have no power here)3) Parking Eye

I sent a letter to ParkingEye on 30/01/2016 - CPR31.14. No reply so far.So do you still think it is worth sending a new letter to ParkingEye with my copy of POPLA appeal letter now? Or should I wait for BPA to get back to me?

[mystery1]

Re: County Court Defence - POPLA error

We'll give them a chance to sort it and get the court claim cancelled. We have 33 days from the 18/01/16 date of issue. 5 days service plus 14 and then 14 more because you acknowledged.

I would send to new popla as the details should have been passed over and it could still be their mistake as people have a habit of not owning up !

I make that 20/02/16. Essentially, if we haven't heard by next weekend we get to work on the actual claim.

M1

[Lego]

Re: County Court Defence - POPLA error

We'll give them a chance to sort it and get the court claim cancelled. We have 33 days from the 18/01/16 date of issue. 5 days service plus 14 and then 14 more because you acknowledged.

I would send to new popla as the details should have been passed over and it could still be their mistake as people have a habit of not owning up !

I make that 20/02/16. Essentially, if we haven't heard by next weekend we get to work on the actual claim.

M1

Email sent to new POPLA

I have attached the letter, I received after I submitted my intention to appeal. As you can see, I merely acted according to the statements in this letter. I am sure you can appreciate why I am unhappy with the service I have received.

I am now dealing with BPA directly with regards to this complaint.

Best Regards,

[Lego]

Re: County Court Defence - POPLA error

Please see reply from BPA (AOS), not particularly helpful:

We have investigated your complaint with the operator and can advise as follows.

You should have received an email from Ombudsman Services asking you to re-register your appeal. I am unsure why this was not received.
As your appeal was not registered correctly, the PCN has progressed. Unfortunately Parking Eye are unable to re-issue a new POPLA code at this stage. As we are not a regulatory body we can only investigate breaches of our Code of Practice. On this occasion there has been no breach of our Code and therefore we are unable to assist you.
If Parking Eye decide to take you to Court you will be able to contest the matter there. However, we would suggest you seek legal advice if you choose to do this.
In view of the above I have closed the investigation.

[mystery1]

Re: County Court Defence - POPLA error

Please see reply from BPA (AOS), not particularly helpful:

We have investigated your complaint with the operator and can advise as follows.

You should have received an email from Ombudsman Services asking you to re-register your appeal. I am unsure why this was not received.
As your appeal was not registered correctly, the PCN has progressed. Unfortunately Parking Eye are unable to re-issue a new POPLA code at this stage. As we are not a regulatory body we can only investigate breaches of our Code of Practice. On this occasion there has been no breach of our Code and therefore we are unable to assist you.
If Parking Eye decide to take you to Court you will be able to contest the matter there. However, we would suggest you seek legal advice if you choose to do this.
In view of the above I have closed the investigation.

Utter scumbags.

I'll get back to you later.

M1

[emanresu]

Re: County Court Defence - POPLA error

Utter scumbags.

I'll get back to you later.

M1

@M1

I've had one of these before [POPLA changeover] at an NHS site. Direct contact with ParkingEye sorted it. PM me if you want the details / letter
[MENTION=80742]Lego[/MENTION]: Was this an NHS Site

[mystery1]

Re: County Court Defence - POPLA error

For the moment and noting we only have 1 week to enter a defence send something like this to parking eye.



Dear Sirs

PARKING CHARGE NOTICE: xxxxxxx
Court claim 18th January 2016

I am surprised and upset by your County Claim which I received on 20/01/16.

I appealed to POPLA on 05/09/15/15 (see attached) and had been waiting for their reply. It now turns out that they now cannot find the appeal or explain what has happened to it, presumably due to the operator of the service changing.

I previously contacted yourselves about this on xxxxxx and to date i have had no reply.

Clearly my intent it to resolve the matter via POPLA and the switch from London to Warrington appears to have had some issues. To progress the matter to an equitable solution I'd like to suggest we -

a) Wait until POPLA find my appeal in their system or
b) Resend the information to POPLA for their consideration

And that we agree that the deadline for filing my defence be extended by 28 days pursuant to cpr 15.5 which i request you to acknowledge by email ( me@somewhereovertherainbow.com) or alternatively the court case either stayed until popla decide or is cancelled as it never should have been brought as popla would have informed you of my intent to appeal and your association code of practice does not allow claims to progress whilst an appeal is outstanding.


Either way, this requires your agreement and some form of communication to POPLA to progress the matter.

Could you advise what you would normally do in these cases?

I look forward to your reply

Yours sincerely




appeals@parkingeye.co.uk

Phone up to confirm receipt and/or get a valid email address for the legal team. Obviously change the email address and any dates required and add any communications about the missing appeal that have been communicated directly to parking eye. Also attach the popla letter.

Thanks @emanresu

M1

[Lego]

Re: County Court Defence - POPLA error

For the moment and noting we only have 1 week to enter a defence send something like this to parking eye.



Dear Sirs

PARKING CHARGE NOTICE: xxxxxxx
Court claim 18th January 2016

I am surprised and upset by your County Claim which I received on 20/01/16.

I appealed to POPLA on 05/09/15/15 (see attached) and had been waiting for their reply. It now turns out that they now cannot find the appeal or explain what has happened to it, presumably due to the operator of the service changing.

I previously contacted yourselves about this on xxxxxx and to date i have had no reply.

Clearly my intent it to resolve the matter via POPLA and the switch from London to Warrington appears to have had some issues. To progress the matter to an equitable solution I'd like to suggest we -

a) Wait until POPLA find my appeal in their system or
b) Resend the information to POPLA for their consideration

And that we agree that the deadline for filing my defence be extended by 28 days pursuant to cpr 15.5 which i request you to acknowledge by email ( me@somewhereovertherainbow.com) or alternatively the court case either stayed until popla decide or is cancelled as it never should have been brought as popla would have informed you of my intent to appeal and your association code of practice does not allow claims to progress whilst an appeal is outstanding.


Either way, this requires your agreement and some form of communication to POPLA to progress the matter.

Could you advise what you would normally do in these cases?

I look forward to your reply

Yours sincerely




appeals@parkingeye.co.uk

Phone up to confirm receipt and/or get a valid email address for the legal team. Obviously change the email address and any dates required and add any communications about the missing appeal that have been communicated directly to parking eye. Also attach the popla letter.

Thanks @emanresu

M1

Sent by email and post - thanks for the input @emanresu @mystery1

[Lego]

Re: County Court Defence - POPLA error

Obviously on purpose - but the only telephone number I can find for them - is the payment line - it goes nowhere, even if you make an error

Any suggestions? [MENTION=5354]mystery1[/MENTION]

Lego

[mystery1]

Re: County Court Defence - POPLA error

Sadly not. Just need to hope they email. If not we'll get a defence ready.

M1

[mystery1]

Re: County Court Defence - POPLA error

Well we better get prepared.

Can you post any signs, notices claim forms etc (suitably sanitised)

M1

[Lego]

Re: County Court Defence - POPLA error

Well we better get prepared.

Can you post any signs, notices claim forms etc (suitably sanitised)

M1

Will get on later this morning - currently working nights

[Lego]

Re: County Court Defence - POPLA error

As promised

[Lego]

Re: County Court Defence - POPLA error

Extra pics