County Court Defence - POPLA error

[mystery1]

Re: County Court Defence - POPLA error

I'll get to it tonight.

Any chance you can type the particulars of claim in the mean time as it'll save me ages if i can copy and paste since these arseholes don't use numbered paragraphs.

Ms Breaks has missed the facts of popla so we'll stick the boot right in there and ask the court to consider contempt of court, which they'll ignore but we'll feel better for highlighting it

M1

[Lego]

Re: County Court Defence - POPLA error

Claim for monies outstanding from the defendant, in relation to a Parking Charge, issued 18/07/2015, for parking on private land in breach of the T+C's (the contract). ParkingEye's ANPR system, monitoring ???, captured vehicle ???? entering and leaving the car park, parking without a valid paid parking ticket. The signage, clearly displayed at the entrance and throughout the car park, states that this is private land, is managed by ParkingEye Ltd, and is a paid parking site, along with other T+C's by which those who park on site agree to be bound. ln accordance with the T+C's set out in the signage, the Parking Charge became payable. The defendant was previously presented with the opportunity to take their appeal to POPLA, the independent appeals service for parking on private land, but this has not been taken.This claim is in reference to Parking Cha rge(s) ???

This was the outline I have already prepared, if it is useful:

[mystery1]

Re: County Court Defence - POPLA error

legodef.odt

Needs edited in various places and i have no clue really if you wish to include 14 for obvious reasons and i do not wish to ask in public either

M1

[Lego]

Re: County Court Defence - POPLA error

[ATTACH=CONFIG]22547[/ATTACH]

Needs edited in various places and i have no clue really if you wish to include 14 for obvious reasons and i do not wish to ask in public either

M1

Your an absolute legend - uber appreciated!!!!

[Lego]

Re: County Court Defence - POPLA error

Edited and submitted as a Word document by email to ccbcaq@hmcts.gsi.gov.uk :judge2:

[Lego]

Re: County Court Defence - POPLA error

So just to update - ParkingEye did not reply to the letter or email - chased by email today

No further progress with the County Court Case.

Just waiting......:tinysmile_hmm_t2:

[Lego]

Re: County Court Defence - POPLA error

So got an email reply from ParkingEye - unfortunately, they stated my letter have similiar points to my defence and they would be addressed in the reply to the defence shortly.

[mystery1]

Re: County Court Defence - POPLA error

More fool them.

M1

[Lego]

Re: County Court Defence - POPLA error

So I recieved my direction questionnaire yesterday (guess they opted out of reply to defence). I requested for the hearing to be move to local court

But wondering whether expert evidence or witnesses, would be relevant?

Lego

[emanresu]

Re: County Court Defence - POPLA error

So I recieved my direction questionnaire yesterday (guess they opted out of reply to defence). I requested for the hearing to be move to local court

But wondering whether expert evidence or witnesses, would be relevant?

Lego

No need for expert witnesses. You are you own witness.

Go back to ParkingEye again and say that you fail to understand why they cannot re-issue a POPLA code so that the matter can be resolved simply by the appropriate ADR. Tell them you understand that there were many issues with the changeover period and you have contemporaneous evidence that POPLA codes have been re-issued for the very purpose you are requesting. Ask them again either for a POPLA code or to explain to the court why it was so important that this case continued to court whereas others had no need.

The BPA says:

We have experienced an increase in enquiries dealing with the issues left over from London Councils. There are a number of motorists’ who expressed their intent to appeal to London Councils and then should have received an email from Ombudsman Services asking them to re-register the appeal. Unfortunately, it appears some motorists did not receive this email or London Councils did not pass the details over to Ombudsman Services.

We have been dealing with these queries by asking our Members to re-issue a POPLA code to allow the motorist their 28 days to appeal. We have had huge support and assistance from our big Operators on these which have made dealing with these queries easier

[Lego]

Re: County Court Defence - POPLA error

No need for expert witnesses. You are you own witness.

Go back to ParkingEye again and say that you fail to understand why they cannot re-issue a POPLA code so that the matter can be resolved simply by the appropriate ADR. Tell them you understand that there were many issues with the changeover period and you have contemporaneous evidence that POPLA codes have been re-issued for the very purpose you are requesting. Ask them again either for a POPLA code or to explain to the court why it was so important that this case continued to court whereas others had no need.

Email sent today:

To whom it may concern:

Please find attached my completed direction questionnaire.

I still assert that it would be more appropriate for this case to dealt with by ADR and for ParkingEye to re-issue a POPLA code. I understand that there were many issues with the changeover period of POPLA. I have contemporaneous evidence that POPLA codes have been re-issued in circumstances similar to my own.

If you still wish to proceed with this case, I advise that ParkingEye explain to the court why it was so important that this case is continued whereas others had no need.

[mystery1]

Re: County Court Defence - POPLA error

DQ gets sent to court and them.

M1

[Lego]

Re: County Court Defence - POPLA error

DQ gets sent to court and them.

M1

Don't worry I have sent by post to court and emailed them a scanned copy. Thanks for looking out.

[Lego]

Re: County Court Defence - POPLA error

Hi,

So to date, I have received only a copy of the DQ from ParkingEye - no other replies to my correspondence. I am now considering petitioning the courts to have the case stayed until heard by POPLA.

My letter outline so far is below, love to hear your thoughts @mystery1; [MENTION=70704]emanresu[/MENTION]

To whom it may concern:
County Court Claim:
Parking Eye vs ????
I am writing to request the above case is stayed, as it is yet to be explored via alternative dispute resolution; in this particular case, POPLA.

1. After my failed appeal to the claimant, I was redirected 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 (Evidence 1), 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 my postal response to the 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.
POPLA stated my POPLA code has now expired; therefore they could no longer assist with my appeal.

1. British Parking Association have previously stated that:

“We have experienced an increase in enquiries dealing with the issues left over from London Councils. There are a number of motorists’ who expressed their intent to appeal to London Councils and then should have received an email from Ombudsman Services asking them to re-register the appeal. Unfortunately, it appears some motorists did not receive this email or London Councils did not pass the details over to Ombudsman Services.

We have been dealing with these queries by asking our Members to re-issue a POPLA code to allow the motorist their 28 days to appeal. We have had huge support and assistance from our big Operators on these which have made dealing with these queries easier”

1. To date I have received, no formal reply to my repeated correspondence over the last 4 months with regards to the above. As I was open to ADR and the opportunity missed due to administration errors out of my control, I request this case be redirected to POPLA for resolution as per their own governing body - BPA.

Best Regards,

[mystery1]

Re: County Court Defence - POPLA error

Give it a bash as it'll do no harm but it may be met with " we don't do letters but you can pay £255 and make an application".

We have pretty much covered it in the defence which nobody will have really looked at yet.


M1