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County Court Defence - POPLA error

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  • #46
    Re: County Court Defence - POPLA error

    Originally posted by mystery1 View Post
    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
    Update
    • Sent the above email to CBCC, but no directly reply yet.
    • No further replies from Parking Eye - just fustrating that they refuse to deal with this outside of court
    • Had the court date in the post for 1st July - got it moved to my home court
    • Now what to do........


    Lego

    Comment


    • #47
      Re: County Court Defence - POPLA error

      • Had the court date in the post for 1st July - got it moved to my home court
      Any instructions or just the standard submit evidence no later than 14 days beforehand ?

      M1

      Comment


      • #48
        Re: County Court Defence - POPLA error

        Originally posted by mystery1 View Post
        Any instructions or just the standard submit evidence no later than 14 days beforehand ?

        M1
        Just the standard submit evidence no later than 14 days, encouragement to settle outside of court.

        Comment


        • #49
          Re: County Court Defence - POPLA error

          It's pretty much a waiting game now. Gathering all your evidence, creating a witness statement to tie evidence to the defence and getting the arguments together.

          About 4 weeks beforehand we compile everything in a file ready to submit it shortly before the 14 deadline.

          M1

          Comment


          • #50
            Re: County Court Defence - POPLA error

            Exciting update @M1

            It could be due to your amazing defence or my pushy email - but I recieve a letter in the post today from County Court

            General Form of Judgement or Order

            Before District Judge ... sitting at .....
            It is ordered that the claimant shall by 4pm on 25th May 2016 notify the court whether a stay is agreed pending a referral to POPLA.


            Fingers-crossed .....

            Comment


            • #51
              Re: County Court Defence - POPLA error

              I have created a folder with all my evidence:-

              1) Photographs of Car Park
              2) All correspondence with ParkingEye
              3) Copies of the emails from POPLA and BPA
              4) POPLA appeal emails and letter (intention to appeal)

              Going to have to chase the reply to the County Court Letter, as no correspondence to confirm whether a stay was agreed with ParkingEye.

              Is there anything else I need to construct a witness statement? What would need to be covered that was different from my defence?

              Lego

              Comment


              • #52
                Re: County Court Defence - POPLA error

                Your witness statement doesn't contain any legal argument. Only facts.

                So the whole popla farce. I received this, i did this etc etc just like a story. Effectively you need to have evidence to back up the defence and your witness statement is you chance to evidnce the steps you've taken, explain what happened on the day, whether you saw signs etc etc.

                M1

                Comment


                • #53
                  Re: County Court Defence - POPLA error

                  Hi

                  So I have prepared a draft of my Witness Statement. I have the all the evidence for my key points. I am only falling down on the evidence with regards to the errors within POPLA as the previous website no longer functions and a lot of the updates/news are no longer available on the web.

                  I managed to find some figures with regards to the problems with POPLA on:
                  http://www.parkingcowboys.co.uk/2016...sman-services/ - but unfortunately the board minutes link is broken and the ISPA website doesn't list any minutes post September 2015. Aargh!!

                  Any input would be gratefully recieved.... (Especially if anyone has any evidence with regards to the handover from London Councils to Ombudsman Services)

                  Lego
                  Attached Files

                  Comment


                  • #54
                    Re: County Court Defence - POPLA error

                    Tidy it up a bit. Format https://www.justice.gov.uk/courts/pr...ess-statements

                    Whilst popla is a significant issue do not forget the other parts. There is no mention of the parking, signs etc and whilst there isn't much to say, that i know about, you should address such issues if you can.

                    Did anything become of the judges order ? Did you check with the court ?

                    M1

                    Comment


                    • #55
                      Re: County Court Defence - POPLA error

                      Originally posted by mystery1 View Post
                      Tidy it up a bit. Format https://www.justice.gov.uk/courts/pr...ess-statements

                      Whilst popla is a significant issue do not forget the other parts. There is no mention of the parking, signs etc and whilst there isn't much to say, that i know about, you should address such issues if you can.

                      Did anything become of the judges order ? Did you check with the court ?

                      M1
                      Thanks for the link to the official outline - I was being lazy so I didn't have to make it anonymous before uploading. Will try to include other bits....

                      I called on Monday about the Judges order, they stated they were behind with their paperwork, so they were not to the deadline yet. They said I would get a letter to confirm - unfortunately nothing to date. So I thought I would crack on with the witness statement as the deadline is Friday 17th June. Will call again on Monday.

                      Lego

                      Comment


                      • #56
                        Re: County Court Defence - POPLA error

                        So here is the updated copy in typical layout style! Hope it is closer.
                        Attached Files

                        Comment


                        • #57
                          Re: County Court Defence - POPLA error

                          #6, should that be 31.15 ?

                          Exhibits ideal should all be numbers or letters. I'd include an index too. Exhibit a - an email from me to yo. etc

                          M1

                          Comment


                          • #58
                            Re: County Court Defence - POPLA error

                            Originally posted by mystery1 View Post
                            #6, should that be 31.15 ?

                            Exhibits ideal should all be numbers or letters. I'd include an index too. Exhibit a - an email from me to yo. etc

                            M1
                            On it!!!

                            Rang the County Court today - they are still behind on the incoming correspondence - not up to 25th May - she had a quick look through one pile. Suggested I just stick to the court timeline and clearly mark my witness statement for 01/07/2016.

                            Comment


                            • #59
                              Re: County Court Defence - POPLA error

                              Originally posted by Lego View Post
                              On it!!!

                              Rang the County Court today - they are still behind on the incoming correspondence - not up to 25th May - she had a quick look through one pile. Suggested I just stick to the court timeline and clearly mark my witness statement for 01/07/2016.
                              So I received my witness statement and reply to defence yesterday! (A lot of the reply to defence was just standard - not directed at my defence) Submitted my witness statement handed it directly to the court. Emailed to ParkingEye.

                              Still not sure where the Judge Order stands - fingers crossed

                              Lego

                              Comment


                              • #60
                                Re: County Court Defence - POPLA error

                                Thought I would post the reply to defence for you guys to read - sorry I have to split the PDF.

                                I didn't scan the whole Supreme Court of Parking Eye verus Beavis.... too long - just the front page

                                Was a bit concerned the contact is so redacted.

                                I'll do the "Witness Statement" tomorrow after work.

                                PS: They sent me a out of court settlement offer TODAY for £125...... Aarghhh!
                                Attached Files

                                Comment

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