hitchy1
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UPDATE: Letter dated 10th June . Surprisingly my appeal has been rejected and PE have now issued me with the POPLA reference. I havent received anything from the BPA about my complaint and the letter i sent to POPLA was answered explaining the appeals process. As a goodwill gesture PE are extending by another 14 days for me to pay the reduced charge. Can i ask someone to please help me in the process and what to include in my appeal to POPLA. Thanks.
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Please see proposed letter to POPLA and to PE. Will post on Monday, would be grateful for any advice on changes. POPLA I wish to bring to your attention my dissatisfaction with regard to the behaviour of the personnel at Parking Eye and their deliberate attempts to flout the law. On the xxx May 2014 I wrote to Parking Eye to contest the ‘charge’ on the invoice that they sent me. Reference number xxxxxxxxxxxxThe letter is extremely easy to understand and I quite categorically stated I did not want to enter into further correspondence with them and to supply me with a POPLA reference as is my right should they reject my reasons for appeal. Parking eye have ignored my request to provide a verification code and have instead resorted to sending intimidating mail in an attempt to dissuade me from exercising my rights. I have brought this matter to the attention of the BPA (copy enclosed) I wish to make you aware of this situation in order to exercise my right to appeal should I miss the allowed timescales due to their underhand and illegal behaviour. Parking Eye Dear Parking Eye Team Re your letter dated xxxx May 2014. Please review my appeal dated xxxxx May 2014 and provide me with the specific answers to the questions I raised in this letter. I also request once again that should you reject my appeal I require you to provide me with the POPLA appeal code as clearly explained in my previous mail. Also enclosed are copies of letters that I have today sent to the BPA and POPLA organisations in order that they are aware of the deliberate attempts to bully me and to deny my rights of appeal as stated in law and the code of conduct which you are signed up to.
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Can someone please advise if this is an appropriate letter to send to the BPA. I will post the POPLA letter and my response to Parking Eye soon. I wish to bring to your attention my dissatisfaction with regard to the behaviour of the personnel at Parking Eye and their deliberate attempts to flout the law. On the 17th May 2014 I wrote to Parking Eye to contest the ‘charge’ on the invoice that they sent me. (Copy enclosed) The letter is extremely easy to understand and I quite categorically stated I did not want to enter into further correspondence with them and to supply me with a POPLA reference as is my right should they reject my reasons for appeal. In response to my letter I received two letters dated 23rd May 2014. The first letter ignores the basis of my appeal and requests more evidence and the second letter contains seven pages of information relating to various court cases that Parking Eye have apparently won in court. This would have been far better balanced had they included cases that they had lost in court such as Case No: A3/2011/0909 Parking Eye v Somerfield stores and numerous others that I will refrain from mentioning. The point being that this information is completely irrelevant to my right to appeal this parking charge and refer to POPLA if I remain dissatisfied. As Parking Eye is the biggest contributor to the coffers of the BPA, I am somewhat surprised that they are allowed to breach the code of conduct in this manner. Their unwarranted and unnecessary mail can only be seen as an attempt to bully, and they are clearly in breach of the law and the BPA code of conduct. As a member of the BPA, Parking Eye have a duty to ensure that they comply with the code of conduct and behave in a professional manner at all times. What they don’t have the right to do is constantly flout their responsibility to the law and the code of conduct by resorting to bullying tactics and I would be grateful for your intervention and advice on this matter.
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UPDATE: 2 Letters received. I have today received 2 letters from PE both with the same date. The first one acknowledges my appeal but basically asks for more evidence that i was shopping. I cant prove that so thats a non starter. The second letter is a list of all the cases they have won including ones from 'forums' and how judges have accepted their defence against GPEOL. They have given a further 14 days to pay the reduced charge and did not provide me with the POPLA code or even mention it even though i had stated no further correspondence would be enterd into. I'm guessing that i need to write again and ask for the POPLA code?
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Ok, i will wait and see what they do. The DMP was through cccs ... Now Stepchange, so it wasnt fee based.
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The card wasnt joint, the DMP was. I have no idea what has been paid or when it was taken out etc. i have had no involvement for over 8 years, but something has been paid by way of the DMP. Can they take any action if i ignore?
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Few more details which may or may not be relevant. The DMP was always paid from my ex's bank and started in 2005. Payments would have been made until last June when we split. I have never communicated with Cap one or Lowells. I moved home 3 weeks ago. Do i acknowledge or ignore their letter?
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Last time i checked there was nothing relating to Capital one or Lowells?
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Some years ago i had a number of joint debts which were on a DMP. This plan was managed by my ex and we split 12 months ago. I have just moved to rented accommodation and have received a letter from Lowells chasing an old Capital one card debt. I actually don't know what the debt is as it would be pre 2005 and i have no paperwork or details of it. Interesting how they found my new address. Do i respond and how?
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Im looking at sending the following letter which i have assembled after reviewing other successes. Any comments would be appreciated. I refer to your invoice dated the xxxxx and received on the XXXX In response, I would ask you to note the following. As registered keeper of vehicle reg no. xxxxxx, I have received parkingcharge notice ref xxxxxxxx. Take this letter as my appeal, as I am not liable for this charge. When an invoice is issued under the law of contract to a vehicle which although allowed to park on the land, is in breach of the conditions relating to parking, it could be argued that the charge being demanded is so high that it amounts to a penalty and is therefore unlawful under the Unfair Terms in Consumer Contract Regulations 1999. As a regular shopper at this establishment and spending significant sums of money I fail to see how this charge has been accrued considering the car park is free. Therfore should it be your intention to pursue this matter further, I will require the following information., 1) Precise details of the calculation used to establish the sum pursued in this case, taking account of the following statement issued by the Department for Transport. Charges for breaking a parking contract must be reasonable and a genuine pre-estimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken. For example, to cover the unpaid charges and the administrative costs associated with issuing the ticket to recover the charges. Charges may not be set at higher levels than necessary to recover business losses and the intention should not be to penalise the driver. 2) I also require written proof that as a third party agent you have contractual consent from the land owner to raise legal proceedings on their behalf. Furthermore, should you fail to provide a detailed response to any of the points raised in this correspondence a POPLAicon reference will be required in order that this issue can be progressed to the independent appeals body. I am of course fully aware that the decision of POPLA is binding only on the pursuer and not the defender. I hope this information clearly outlines my position and I look forward to your detailed written response. Any further action will be rigorously defended and no further correspondence will be entered into. Yours faithfully
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