County Court Defence - POPLA error

**Lego** · 17th June 2016, 22:40:PM

Re: County Court Defence - POPLA error

The rest of the files

Attached Files

**Kati** · 21st June 2016, 15:11:PM

Re: County Court Defence - POPLA error

[MENTION=5354]mystery1[/MENTION] ... been asked to post these up here:
Pgs 1-20 = covering letter, original pics & contract
Pgs 21-30 = last bit of contract and pics of signs etc...
Pgs 31-39 = extra pics and NTK (1&2)
Pgs 40-53 = popla and court letters/emails

Attached Files

**Kati** · 21st June 2016, 15:19:PM

Re: County Court Defence - POPLA error

Pgs 54-62 = OP's Defence, emails/letters etc...
Pgs 63-66 = Beavis & others (only 1st pages of judgements with links :noidea

Attached Files

**mystery1** · 21st June 2016, 19:01:PM

Re: County Court Defence - POPLA error

It is clearly arguable that the NTK does not specify the relevant land. It would be helpful if there were more than 1 car park in that regard.

I am really surprised they have included all the popla stuff. Save you the bother and probably lands Ms Breaks in a bit of bother which could explain the offer, which is unusual. Sure, people who ask get offers but i've never seen PE ask !

They always redact the contracts, no way is that much commercially sensitive.

The have stated the contract will last 18 months and then extend but have not produced evidence that it has. A helpful judge may use that but most won't.

M1

**Lego** · 21st June 2016, 20:36:PM

Re: County Court Defence - POPLA error

Originally posted by mystery1 View Post

It is clearly arguable that the NTK does not specify the relevant land. It would be helpful if there were more than 1 car park in that regard.

I am really surprised they have included all the popla stuff. Save you the bother and probably lands Ms Breaks in a bit of bother which could explain the offer, which is unusual. Sure, people who ask get offers but i've never seen PE ask !

They always redact the contracts, no way is that much commercially sensitive.

The have stated the contract will last 18 months and then extend but have not produced evidence that it has. A helpful judge may use that but most won't.

M1

Thank you [MENTION=49370]Kati[/MENTION] for the upload!!!

@M1 thank you for taking the time to read my witness statement!!!

1) The carpark - is located just outside of a leisure park - there are three other car parks on the same road - this contract appears to refer to one associated with the bingo hall further up the road

a) I have print out of Google maps to take to court - would that be useful?
b) Would they consider it against me that I have waited until the hearing to point out their error?

2) Thanks for the tip on the length of contract - I'll remember to pick that up

3) Cover letter says they are using LPC law - so I'll remember to question right to audience (as I have read on other people's forums)

Basically getting really worried about going to court - I going to attend by myself. Any other tips?

**Lego** · 21st June 2016, 20:59:PM

Re: County Court Defence - POPLA error

My case is Friday 1st July, I was wondering if I should make an low counter-offer by Friday???

**mystery1** · 21st June 2016, 23:59:PM

Re: County Court Defence - POPLA error

1 a, absolutely. You should've exchanged that 14 days beforehand like everything else, although i expect this to be adjourned due to the popla isue.

b Yes but it is their case to prove and if they are using wrong info then they have a huge issue and nothing to prove their case.

3 Yes but that doesn't work often. Some of the LPC people do have rights of audience.

M1

**Lego** · 1st July 2016, 17:12:PM

Re: County Court Defence - POPLA error

So I went to court today - it has been adjourned - due to the issues with POPLA. I fought my corner.

The judge has given us 56 days to get evidence to support our positions on POPLA. Ruled not partially heard - so will start fresh. Not sure I can fight any further with POPLA and AOS. Does freedom of information count for this?

Was a but funny to see the rep try to continue by staying my appeal would have been rejected anyway - POPLA was an independent agency and their problems does not impact on them. But judge was not having it.

Just want it to be over!!

**mystery1** · 1st July 2016, 17:26:PM

Re: County Court Defence - POPLA error

So do they have to supply a popla code and popla rule on it ?

M1

**Lego** · 1st July 2016, 17:28:PM

Re: County Court Defence - POPLA error

Originally posted by mystery1 View Post

So do they have to supply a popla code and popla rule on it ?

M1

Unfortunately no

**mystery1** · 1st July 2016, 17:39:PM

Re: County Court Defence - POPLA error

Wow, that's bad.

So why give you 56 days ? "The judge has given us 56 days to get evidence to support our positions on POPLA." I'm not getting what's going on here.

M1

**Lego** · 1st July 2016, 17:58:PM

Re: County Court Defence - POPLA error

Originally posted by mystery1 View Post

Wow, that's bad.

So why give you 56 days ? "The judge has given us 56 days to get evidence to support our positions on POPLA." I'm not getting what's going on here.

M1

He wants me to get evidence that POPLA didn't contact me with regards to my appeal - I.e. it was an admin error. And/or ParkingEye to prove that I was contacted my POPLA and I didn't reply (which didn't happen). But they wrote in their witness statement that they have confirmation from POPLA that I have not appealed. No evidence provided.

I was annoyed by this as I have contacted both POPLA and AOS - neither stated that I was contacted - both wrote I should have been contacted.

Also annoyed that the LPC guy stated that my POPLA code expired on 28th September. Submitted my intention to appeal on 5th September. When no appeals accepted by London Council after 31st August and Ombudsman Services not till October. Really p***ed off.

Lego

**mystery1** · 1st July 2016, 19:13:PM

Re: County Court Defence - POPLA error

He wants me to get evidence that POPLA didn't contact me with regards to my appeal

Really, so if popla won't help or deny such how the hell do you prove a negative. I guess you just need to email everyone asking the right questions. Heaven knows why he just didn't tell parking eye to issue a fresh code and be done with it. I'd suggest contacting PE and asking them to do so, they might agree now the judge has kind of intervened.

Get your facts in order and make sure the judge knows he can order a popla code be issued to stop this farce. Point 7 of the defence should assist if the judge has read it or is asked to read it.

M1

**Lego** · 1st July 2016, 20:40:PM

Re: County Court Defence - POPLA error

Originally posted by mystery1 View Post

Really, so if popla won't help or deny such how the hell do you prove a negative. I guess you just need to email everyone asking the right questions. Heaven knows why he just didn't tell parking eye to issue a fresh code and be done with it. I'd suggest contacting PE and asking them to do so, they might agree now the judge has kind of intervened.

Get your facts in order and make sure the judge knows he can order a popla code be issued to stop this farce. Point 7 of the defence should assist if the judge has read it or is asked to read it.

M1

This is the email I have constructed for ParkingEye, any thoughts?:

To whom it may concern:

PARKING CHARGE NOTICE: xxxx/xxxx
COUNTY COURT CLAIM: xxxxxxx

As I am sure you were aware the county court case was adjourned today by the judge as he was concerned with regards to the outstanding issues with POPLA.

To resolve this issue, I suggest we complete the appeal process with POPLA and for ParkingEye to issue a new POPLA code.

Best Regards,

**mystery1** · 1st July 2016, 20:57:PM

Re: County Court Defence - POPLA error

:okay:

M1

County Court Defence - POPLA error

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