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Ash
Ash, Solicitor
Category: Traffic Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I received a parking charge in a shopping mall car park

Resolved Question:

hi i received a parking charge in a shopping mall car park for not being correctly parked i immediately contested this on their online appeals system.
i didn't hear any thing back from the appeal and now 5 wks later i just received a letter from debt recovery asking to pay £160.
i have just spoken to debt recovery to explain i have received no such correspondence from the parking company,the young lady said they had sent a letter out but i explained i had received no such letter and if i had i would have taken it further i.e. POPLA.
the young lady then said as a matter of good will they would reduce the fine to £120
but i said no I'm not happy with this outcome and she said you need to speak with a solicitor and she will call me back at 5 pm today as the reduced fee is only valid for today only. if the parking company sent me a letter declining my appeal then surely this should have been some kind of recorded delivery
please advise me of what best to do
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
They would not need to send this recorded delivery as the cost of every letter would be immense. If you didnt get it then you should still have the right of appeal to POPLA. But they should permit you to appeal based on the fact you didnt get the rejection document.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
thankyou alex
so just to clarify do you think when this lady calls me back today i should tell her I'm declining the reduced rate and my solicitor has told me that I'm entitled to have my appeal heard by POPLA.
Expert:  Ash replied 1 year ago.
Correct.
Does that help?
Alex
Customer: replied 1 year ago.
just one last thing Alex I'm sure that the debt recovery firm will try to really push me to pay and will probably tell me I'm not entitled to appeal against this if this is the case what would you advise that i tell them and how would i make that appeal to POPLA.
Expert:  Ash replied 1 year ago.
You should say you wish to appeal on the basis you didnt get the rejection and under Article 6 of the Human Rights Act you have a right to a fair hearing.
Does that help?
Alex
Customer: replied 1 year ago.
yes thank you
Expert:  Ash replied 1 year ago.
Good luck
Alex
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Ash, Solicitor
Category: Traffic Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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