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Comprehensive Management Services Ltd - Paid fine, but still being chased
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On what grounds could I claim? Surely making the payment in the first place could be classed as a potential admission of liability?
You could claim that you paid in order to minimize your losses, with the plan of recouping the costs after researching it. I'm assuming this happened recently?
If it happened a while ago, you can claim that you realized that you were decieved into paying up, and that the invoice was completely invalid.0 -
I have now received a 'Letter Before Claim' for the above, which I understand from reading various threads I need to respond to. Is this where I now write a 'debt denied' letter or The Practice Direction one?
How much depth do I need to go into in this whole process, seeing as I have already paid the initial fine?
The payment was deducted from my bank account by CMS Ltd in June, soon after I had posted it, which implies to me they accepted my payment and nothing further is due.
Thanks0 -
The Practice Direction one?
Send a Part 18 in response. Search for the wording.
At this stage you want to push back. They are looking for soft touches so you'll have to play the game if you want to stop it escalating.0 -
How much is the claim for, and what is the breakdown of the sums owed? If they haven't deducted the £60 you've already paid, then they are in serious problems with their claim, which is bordering on the criminal.I have now received a 'Letter Before Claim' for the above, which I understand from reading various threads I need to respond to.0 -
IamEmanresu wrote: »Send a Part 18 in response. Search for the wording.
At this stage you want to push back. They are looking for soft touches so you'll have to play the game if you want to stop it escalating.
Thank you, I will try and muster something together and get it sent out. I presume it's worth reminding them I'd already paid?0 -
The_Slithy_Tove wrote: »How much is the claim for, and what is the breakdown of the sums owed? If they haven't deducted the £60 you've already paid, then they are in serious problems with their claim, which is bordering on the criminal.
The claim initially went from £60 to £124 when it was with ZZPS; they have been basing their correspondence on the fact that 'no payment has been received'. At some point more money was added on and it's now £208 - again, no reference to my initial payment. No breakdown has been provided. Should I include this in my letter?
The current 'Letter before claim' looks no different and contains no more information than their previous debt collector letters, other than the fact I have 14 days to respond before they progress with taking proceedings.0 -
This is not legal advice, so please do not interpret as such, I am not legally trained.
Here's a thought: If this PPC keep writing, what are often threatening letters to the OP, don't they commit an offence under the Protection From Harassment Act 1997 section 1.(a) and possibly (b)?
I base this off that the OP has already paid (when he should not have by his own admission. No insult intended here).
Just my 2 cents.0 -
And my "2 cents" would be to bring a claim under the misleading and aggressive rights act for the original £60 plus additional damages for distress and inconvenience since that date:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/409334/bis-14-1030-misleading-and-aggressive-selling-rights-consumer-protection-amendment-regulations-2014-guidance.pdf
The Civil recovery example on pages 18 and 19 will seem to fit the original £60 payment in June 2016.0 -
So I was in said car park again this morning (I use it daily for work). I've noticed the sign next to the payment machine which states a parking charge notice is £100, reduced to £55 if paid within 14 days - as opposed to the notice I was issued with at £100, reduced to £60 if paid within 14 days.
As this potentially makes my invoice invalid in the first place, is MCOL a potential route? If so, should this be taken up directly with the landowner or with CMS Ltd?
I will be drafting my part 18 request tonight - is this something I need to include within my letter?
Sorry for the somewhat naive questions, but I haven't been able to find much on the forum for someone who has not only paid and continues to be chased, but has actually paid an amount that wasn't due in the first place.
Any help greatly appreciated.0 -
Depends if they've recently made the discount slightly more now than when your car was parked there.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0
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