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    • Here is the reply from POPLA after I complained to its chief assessor -- completely rubbish!   ---   Your complaint about POPLA   Thank you for your email, which was passed to me by the POPLA team as I am responsible for responding to complaints.   I note from your correspondence that you are unhappy with the decision reached by the assessor in your appeal against Parking Eye.     POPLA is an impartial and independent appeals service and we do not act either for the parking operator or the appellant. It is important to explain that it is not our remit to source evidence and documents from either party in support of their submission and our decisions are based on the evidence received from both parties at the time of the appeal. We cannot consider further evidence after the appeal has been completed.   You have advised that the decision issued to you on 29 October 2019 does not address the crucial points of your rebuttal.   You have reiterated your original grounds of appeal. For clarity, I have addressed each point as follows.   Regarding grace periods.   While section 13 of the British Parking Association Code of Practice stipulates that a minimum grace period should be allowed, the grace period is only applicable in car parks are required. In this car park, the entrance signs states that the site is for permit holders and service vehicles only, as such, a grace period is not applicable in this instance. You would have been aware that you did not have a permit on entering the site and I am satisfied that the assessor is correct in determining that the six minutes that you were on the site was not a reasonable period.   You have advised that there is no evidence of landowner authority and have provided a quote from another POPLA decision.   POPLA deals with appeals on a case by case basis and as such, any external factors such as other similar parking contraventions or appeals have no impact on our decision making.   I have reviewed the assessor’s comments relating to this ground of appeal and also the document provided by the operator and I am satisfied that the assessor has correctly stated that the operator has the relevant authority to issue PCN’s on this site.   You advise that no contract was formed between the driver and the operator.   The assessor has advised that the signage on the site makes the terms and conditions of the car park clear which, after reviewing the images of the signs provided, I agree with. By choosing to remain on the site, you have accepted the terms and conditions of this contract and by remaining on site for six minutes without a permit, the terms and conditions were breached.   After reviewing the assessor’s decision, I am satisfied that the outcome reached is correct As POPLA is a one-stage process, there is no opportunity for you to appeal the decision.   As our involvement in your appeal has now concluded you may wish to pursue matters further. For independent legal advice, please contact Citizens Advice at: www.citizensadvice.org.uk or call 0345 404 05 06 (English) or 0345 404 0505 (Welsh).   In closing, I am sorry that your experience of using our service has not been positive. We have reached the end of our process and my response now concludes our complaints procedure. I trust you will appreciate that there will be no further review of your complaint and it will not be appropriate for us to respond to any further correspondence on this matter.   Yours sincerely Paul Garrity POPLA Complaints Team
    • Thanks for clearing that up Homer.  I was  in the middle of writing what DX100 uk has just said. I notice that no questions have yet been answered from the Stickies posted on either thread. We will need some info in order to  counteract any stpidity by Link to try Court. The PCNs can be produced later under CPR regs. so photos of the car park with the notices at the entrance, around the carpark itself-especially any that are different as well as the T&Cs on the payment meter if there is one would be a help. As would the reason for the ticket. In addition, you could look up the local Council website on planning permissions to see if Link have ever applied for permission to erect NOtices and ANPR cameras within the car park. This would come under Town and Country [Advertisements] Regulations. And if you have any recent PCN remiders from Link that might help a little.
    • OK can we tackle this one by one then please. I will  please need some guidance here as have never filed such form, I'm sorry   DRAFT ORDER (sent through post #72) 01.   Item no. 1 - retain "struck out or heard at re-hearing" or delete the struck out? 02 .  Item no. 4 - should this be included? or how else to write it?     In Witness statement I am saying  I am XXXX XXXX, of MY ADDRESS NO.3 and I am the Defendant in this matter. This my Witness Statement in support of my application dated XX November 2019 to: 1.Set aside the Default Judgement dated 14 August 2019 as I was not properly served at my current address and I am given leave to file a defence, copy of which is attached to the application. 2. Order for the original claim to be dismissed or Set Aside to be re-heard at a new hearing; on the basis that the Defendant has a reasonable defence. 3. Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee and refund of any illegal fees paid by Defendant to Newlyn Debt Collection Ltd pursuant to the Default County Court Judgment of 14th August 2019 and reasonable Defendant’s costs required to set aside the Default Judgment   03. Are points 1-3 to be repeated exactly in the Draft Order?    
    • Thanks dx, I understand.    However what legal recourse is available to get it sorted? I've been offered a great deal with my existing lender
    • No need to...they are fully aware of the legislation and what they must do if they wish to execute the Judgment debt after 6 years...ignore them.
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mighty sword

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I have not checked my credit report yet - but at some point, probably later this year, will be looking at getting a mortgage, so will nbe getting hold of my report in August / September

 

my questions;

 

1 - I have defaulted on a few payday loan payment dates and one hight st loan (Oakham)

 

Is the default itself going to show up on my file and if so how long does it stay there - and what is the likely impact on my credit score?

 

2 - I had a CCJ around 5-6 years ago from Barclays - they closed my account down - credit card fees- I can't quite remember exactly when the CCJ itself was 'passed' . Is there any way of fidning out exact court dates? I would have thought that the information will be held somewhere..

 

3 - What is the diff on my credit file between a CCJ and default notice?

 

 

Thanks for any help.

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I have not checked my credit report yet - but at some point, probably later this year, will be looking at getting a mortgage, so will nbe getting hold of my report in August / September

 

my questions;

 

1 - I have defaulted on a few payday loan payment dates and one hight st loan (Oakham)

 

Is the default itself going to show up on my file and if so how long does it stay there - and what is the likely impact on my credit score?

 

2 - I had a CCJ around 5-6 years ago from Barclays - they closed my account down - credit card fees- I can't quite remember exactly when the CCJ itself was 'passed' . Is there any way of fidning out exact court dates? I would have thought that the information will be held somewhere..

 

3 - What is the diff on my credit file between a CCJ and default notice?

 

 

Thanks for any help.

 

 

I am in a situation with argos card services at the moment as I have found out they have put a default on my account after i paid the amount in full, there were other reasons before hand but was never told of a default. i have now found out a default will stay on credit file for 6 years and will show up on all credit checks done by any other lender. I would also be greatful of any help from others in what to do next. Thanks and good luck

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You can get a copy of your credit file for free on certain sites. I would advise that you do this so then your mind will be put at rest.

 

Defaults are kept on your credit file for 6 years and then they are removed.

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Hi,

 

If you have been issued with a Default notice and they have marked your file, It will stay there for a period of 6 years, whether you pay it off or not.

 

 

Your CCJ will appear on your credit file for 6 years (if it takes you more than 6 years to repay the CCJ, the creditor will re-register it with the credit reference agencies). However, your credit rating will already be affected by the fact you have not paid the contractual payments, which has resulted in you receiving a CCJ. Your CCJ won't show on your credit file if you pay it in full within 30 days.

 

If you manage to clear the CCJ within 6 years you can write to the credit reference agencies enclosing a "letter of satisfaction" from the issuing County Court to have the entry marked as "satisfied" on your credit file. This may be useful if you are applying for a mortgage, for example.

 

Regarding whether a Default is worse than a CCJ, - with a CCJ you can settle within 30 days and have it removed, or pay it off later and send in a form to have registered as 'saisfied', however, with a default you can't do anything except submit a 'statement of correction' to explain the circumstances around the default which lenders must take into account when they view your credit file.

 

Regards.

 

Scott.

Edited by maroondevo52

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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You can get a copy of your credit file for free on certain sites. I would advise that you do this so then your mind will be put at rest.

 

Defaults are kept on your credit file for 6 years and then they are removed.

 

ok when you say free do you mean you mean you pay a month and then cancel it, or is it totally free?

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Remember, when you search your credit file, your details will be given to other agencies, which sometimes ends up with more people than you may wish, getting in touch with you, regarding old debts ect.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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If you have been issued with a Default notice and they have marked your file, It will stay there for a period of 6 years, whether you pay it off or not.

 

 

.

 

 

thanks - do you know the likelihood of a payday loan company marking the file with a default notice for missing one payment?

 

I am negotiating a repayment plan with them currently, so if they didn't mark the file with a default notice in January, would they do it at a later date ?

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No its free :-) but you just have to remember to cancel before the month is up

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No its free :-) but you just have to remember to cancel before the month is up

 

Is this Experian?

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Remember, when you search your credit file, your details will be given to other agencies, which sometimes ends up with more people than you may wish, getting in touch with you, regarding old debts ect.

 

I thought when you searched your own file it didnt put any mark on your own file? That is also what it states every time i check my own file. :-| Now im annoyed. Or is it just the score that wont be altered when you check your own file?

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I thought when you searched your own file it didnt put any mark on your own file?

 

Hi,

 

I know the last time I searched my file, I received calls from companys regarding very old debts, also DCA's 'phishing' looking for someone with the same surname as me who must have stayed in the same sort of area.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Oh i see. Well i dont live at the same address or have the same phone number so that may be why i dont get anything. But it is still my parents address so id assume that they would tell me if they had blithering idiots on the phone :rolleyes:

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thanks - do you know the likelihood of a payday loan company marking the file with a default notice for missing one payment?

 

I am negotiating a repayment plan with them currently, so if they didn't mark the file with a default notice in January, would they do it at a later date ?

 

 

could anyone please help with the above question?

 

I have negotiated a repayment plan for two high st lenders (Oakam and National cash Advance) - both said that as yet there has not been a default notice on my credit file - as long as I stick to the plan.

 

I am in the process of getting my Equifax credit file but need to send some documents in, so am waiting on this.

 

I know it is probably down to the individual companies, but does anyone have experience re; payday loans? As I said, I have only defauled the one time.

 

thanks

Edited by mighty sword

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CCJ's remain on your file for 6years only if you satisfy them before the 6years is up or it will be renewed and you'll have another 6 to go. Defaults will totally screw your credit rating, never heard of a payday loan company placing a default. As for looking at your file that does not leave a 'footprint' so you can look at it every day if you wanted. your credit file for example may have 20 searches on it but other companies may only see a few searches as searches for id arent seen by them. all credit searches are shown so keep this to a min if possible. the higher the cred searches the lower your score.

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CCJ's remain on your file for 6years only if you satisfy them before the 6years is up or it will be renewed and you'll have another 6 to go. Defaults will totally screw your credit rating, never heard of a payday loan company placing a default. As for looking at your file that does not leave a 'footprint' so you can look at it every day if you wanted. your credit file for example may have 20 searches on it but other companies may only see a few searches as searches for id arent seen by them. all credit searches are shown so keep this to a min if possible. the higher the cred searches the lower your score.

 

re; default notices from payday loans - is this from your own experience? or have you seen other credit reports also?

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