Notice Of Intended Court Action

[mae10]

The PCN was dated back in Jun 2015 by MET parking.
I already made representation online to MET parking in Jun 2015.
Unfortunately the representation was rejected by MET parking in July 2015.

Subsequently, I made appeal online to POPLA in July 2015.
I received letter by POPLA in July 2015 stating the appeal would be consider soon after Aug 2015.
In Oct 2015, I received another letter by POPLA stating a decision is not expected for some time, concerning ParkingEye –v- Beavis. POPLA’s letter states my appeal is adjourned to provisional date for determination in Nov 2015, and in the meantime, no enforcement action can proceed once a case is registered with POPLA.

Unfortunately, today I receive a notice of intended court action by a debt recovery company for unpaid parking charge of £150 related to the above PCN.

I’m shock. I called POPLA today, I was advised to call BPA.
I then call BPA today, I was advised to call Wright Hassall.
I called Wright Hassall today, and the company email me today a copy of a response letter of rejection to the appeal.
I notice the copy of letter is dated Sept 2016.
I did not receive any letter on rejection of appeal from POPLA regarding the PCN, prior to contacting Wright Hassall today.
Also, I moved house in July 2016, I have already informed DVLA, and received confirmation reply from DVLA in July 2016.

I’m in deep pain. I don’t want to be taken to court for this, but I feel it’s very unfair to have to pay £150 for this. What can I do? Can anyone please help me to see the light?

Many thanks.

[mystery1]

Re: Notice Of Intended Court Action

Can you post sanitised versions of the letter, pcn, appeal and signs ?

M1

[mae10]

Re: Notice Of Intended Court Action

Please find letters, PCN, appeal & sign enclosed. Thank you.

[mystery1]

Re: Notice Of Intended Court Action

1. The debt collection nonsense, i would ignore. DRP cannot take you to court as they do not own the "debt".

2. The popla stuff though, wow. I've seen some bad ones but that takes the utter piss.

#13 on the MET appeal reply clearly states they do not seek to rely on POFA yet Popla have decided that all the information required is there and POFA has been complied with.

From para 9 POFA

(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—


(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and


(ii)the creditor does not know both the name of the driver and a current address for service for the driver,


the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

If they see this information on that then they've been drinking too much herbal tea !


Complain to complaints@popla.co.uk & director@ispa.co.uk cc aos@britishparking.co.uk , foi@dvla.gsi.gov.uk

Popla will probably say nothing to do with us as it was a different version.

M1

[mae10]

Re: Notice Of Intended Court Action

I'm relieve that DRP can't take me to court.
But I lack courage, and if ignore DPR letter, MET can still take me to court right?
DRP letter states about Supreme Court ruling in Nov 2015 where court ruled that the parking charge was lawful.
How similar is my situation to the Nov 2015 case? Does this mean MET parking charges will be lawful too?
Can you please advise how to write the complaint to POPLA & ISPA?
How will the complaint change the outcome of my appeal?
What is the worse that can happen to me?
Thank you for your help.

[mystery1]

Re: Notice Of Intended Court Action

But I lack courage, and if ignore DPR letter, MET can still take me to court right?

Correct. As yet, Met don't do court though. http://www.bmpa.eu/companydata/MET_P..._Services.html

How similar is my situation to the Nov 2015 case? Does this mean MET parking charges will be lawful too?

Pretty much but without knowing who the driver is what are they going to do ? They admit at point 13 in the popla appeal they do not seek to rely on keeper liability which is essentially admitting they haven't complied with the law so they need to know who was driving to have a good chance of winning should they ever grow a set of balls and go to a court.

Add these 2 email addresses to the list.

paul.philip@sra.org.uk , complaintspartner@wrighthassall.co.uk






Dear Sirs,


Popla ref xxxxx


I write in regard to the standard of adjudication in my own appeal. Assessor xxxx found that "From the evidence provided it would appear that all the information required under POFA has been provided on the notice to keeper and the notice to keeper is fully compliant with POFA"

The operator, however, effectively concedes that this is incorrect at point 13 of the reply to appeal "Met Parking Services Ltd are not seeking to rely on schedule 4 of the protection of freedoms act"

The operator has clearly looked at the notice to keeper and noticed that they forgot to add anything the remotely covers POFA 2012 schedule 4 paragraph 9 (2) (f).

"(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—


(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and


(ii)the creditor does not know both the name of the driver and a current address for service for the driver,


the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;"


I am unsure if the assessor has made a mistake or has targets to meet but it appears on the face of it that appeals are not judge fairly or correctly when assessors see things that are not there and are as good as admitted by the operators in their bundle, which for a firm of solicitors such as Wright Hassall is not a good look.




Yours sincerely

How will the complaint change the outcome of my appeal?

The odds are low on any change but still it's only an email.

What is the worse that can happen to me?

You can get taken to court, lose and pay no more than £200 in total including costs.

M1

[mae10]

Re: Notice Of Intended Court Action

Many thanks for your advice :stars:
Thanks for lending me courage, I need to be brave
Will give it a go, pray all work out well.
Good night and good day.
Hope for good outcome...