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OK I get to view the paperwork tonight. But from a phone conversation.

 

1) Parked for short time in an ASDA carpark in a normal bay but displayed a disabled badge as all disabled bays were taken.

 

2) Recieved the pcn from the operator of the car park.

 

3) Appealed via email (Contents not known) which was ignored

 

4) Debt collection agency has now begun writing to him demanding money after several months.

 

Rough route to attack this by? Im guessing its too late to apply for a popla appeal. He has trouble writing due to health issues.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Presumably this was a free car park with a 2 hour limit for normal parking bays and they were over the 2 hours ?

 

Does this time limit apply to disabled bays in the car park ?

 

Link re POPLA

 

http://www.popla.org.uk/FAQs.htm

 

I think POPLA would be the route, as they do appear to allow appeals more than 28 days after the initial appeal to the parking operator, if there are exceptional circumstances. So a letter explaining the delay would suffice I would guess.

 

You could also complain to the ASDA Supermarket manager, but ASDA are not known for their customer services.

We could do with some help from you.

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Firstly, white lines in a private car park are of no relevance. The debt recovery company will continue to harass you, but cannot take you to Court - only the owner of the land can do that. Ask the parking company for a copy if their contract with Asda authorising them to chase your friend for the alleged " fee " - remember, it's not a. " fine ". All they can do is refer it back to their client if you don 't pay. Continue to ignore them and see what happens next. I doubt very much that the parking company or Asda will progress this to Court action. They will probably offer you their last ditch reduced payment to " avoid Court action " in order to try and get some money out of you. Don't fall for it.

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Hi and thanks.

 

As soon as I get hte paperwork Ill know more about the carpark. I suspect it is one of those you have to pay and claim back at the till deals.

 

From what i can make out it has been passed to a debt collection agency. There is no question of paying.

 

With his disability in mind I should be able to redo an appeal to popla. A letter to the debt collection company saying no debt exists might help im guessing.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Ask them for a copy of the contract that allows the PPC to act on behalf of the LL. That should stop them, however also advise the DCA that until you receive a copy of the contract, any further demands will be regarded as harassment under the Harassment Act 1997.

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I'll wait till you post up more info such as dates and content of appeal, but I suspect mention of the equalities act and harassment could have an effect...

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Ask them for a copy of the contract that allows the PPC to act on behalf of the LL. That should stop them, however also advise the DCA that until you receive a copy of the contract, any further demands will be regarded as harassment under the Harassment Act 1997.

 

Nope. No need. It's a low rate DCA> Dont send anything bar the one line letter " I do not acknowledge any debt to you or any company you represent."

 

You could also add " any further communication will be considered harassment and reported to the FCA

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Date of issue 28/08/14

 

Location : ASDA Cornwall

 

Smart Parking

 

Reason for Issue : Over free Time

 

£120 now claimed on behalf of Smart Parking Ltd by Debt Recovery Plus LTD

 

The deadline they have given by 01/12/14

Equality Act is definatly relivent. He cannot write or use computers and has to have people help him.

 

SO, simple letter to DRP denying liability.

 

SHould we chase the out of time appeal with POPLA or just leave it?

 

I know how to find the info to frame the appeal, I just need help to get this issue back into process.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Ignore their deadlines, ignore their stupid letters. Send the one line letter back and ignore EVERYTHING unless its a claim form. If they are stupid enough to get a claim form, then you can use GPEOL, and perhaps think about a counter claim for breah of disability laws.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Date of issue 28/08/14

 

Location : ASDA Cornwall

 

Smart Parking

 

Reason for Issue : Over free Time

 

£120 now claimed on behalf of Smart Parking Ltd by Debt Recovery Plus LTD

 

The deadline they have given by 01/12/14

Equality Act is definatly relivent. He cannot write or use computers and has to have people help him.

 

SO, simple letter to DRP denying liability.

 

SHould we chase the out of time appeal with POPLA or just leave it?

 

I know how to find the info to frame the appeal, I just need help to get this issue back into process.

 

 

 

 

As DR+ are involved it will probably fizzle out after some threatening letters that hold no weight...

 

 

 

 

Clarification is needed though.

 

 

Was it a windscreen ticket that was appealed or ANPR ?

 

 

How was the initial appeal worded?

 

 

If the disability was raised in the initial appeal, that had no response, then the equality act will be relevant

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I have no access to the original appeal so cannot asnwer that question. I suspect the mention of Blue Badge was made.

 

It was an ANRR

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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DR+ will send one or two more PAY NOW letters, then maybe a zenith letter stating payment MUST be paid also.

 

 

They can be ignored.

 

 

Or a cease and desist letter could be sent to DR+ stating that the equality act is in play...

 

 

An LBA from Smart or their solicitor should not be ignored though.

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