Show Posts
This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.
Unfortunately, we have no idea what you said in your POPLA appeal. Have PE countered every point in your POPLA appeal? If not, you highlight the omission in your response to the operators evidence.
Normally, a POPLA appeal will cover some, in not all, the following points:
1. Any PoFA failures to be able to hold the keeper liable.
2. No evidence that the person they are pursuing is the driver.
3. Signage failures to adequately bring the the attention of the driver the charge for breaching any terms & condition.
4. No evidence of landowner authority to issue PCNs in their own name.
5. Failure fully comply with the BPA Code of Practice (CoP).
Did you include any of those in our POPLA appeal?
Rejection of a POPLA appeal has no bearing on any future proceedings. You are not obliged to pay anything. In which case, you will have to weather a load of useless debt collector letters which you can safely ignore and wait and see if they decide to issue a claim in the small claims track of the county court.
That is usually a good thing as it is the ultimate dispute resolution service. A judge would decide whether you owe PE a debt or not. In the case of PE, they have their own internal litigation team but sometimes use DCB Legal, especially if they have a weak case.
In the worst case scenario, if you were to be unsuccessful in court, it could cost you up to ~£220. However, there is no risk of a CCJ on your credit file as long as the amount is paid within 28 days of judgment.
Of course, that is a worst case scenario. If they decide to use DCB Legal, there is a 99% chance that they will discontinue before any hearing.
Yes, they rejected the initial appeal and have provided me with a POPLA code.
I've not yet appealed to POPLA using the code.
Is that my next step?
Is it just a case of providing POPLA with the same information and explanations that I included in my original appeal to PE?
Thanks
[/img]
[/img]You keep referring to "fines" and a "penalty". If you can find either of those words anywhere in all the correspondence, I will give you £100 for each occurrence.
You need to get it into your head that this is nothing to do with any fines, penalties or offences. It is a speculative invoice from an unregulated private parking company for an alleged breach of contract by the driver.
You actually have 33 days (not 28) from the date of the appeal rejection letter from PE to file your POPLA appeal. So, you have until 1st September to submit a POPLA appeal.
The 14 days you are referring to is PEsbribediscount period. Why are you even considering this? Maybe I should send you a speculative invoice for £100 and tell you that if you pay me £60 within 14 days I'll call it "quits".
If Saltburn Leisure Centre is the contractor of PE, then it may be worth reminding whoever is fobbing you off that they are jointly and severally liable for the actions of their agents and if they are happy that their patrons are invoiced for £100 by an unregulated private parking company who have accessed your personal data, they should be weary about their own liability. Ask them who is the monkey and who is the organ-grinder in their contractual relationship with Parking Eye.
