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  • FIRST POST
    • rk4406
    • By rk4406 14th Dec 16, 10:48 AM
    • 35Posts
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    rk4406
    10p didnt register now rec'd court papers
    • #1
    • 14th Dec 16, 10:48 AM
    10p didnt register now rec'd court papers 14th Dec 16 at 10:48 AM
    Hello,


    Any help and advice appreciated please.


    In 2015 (I will check definite date) I received a parking notice letter from Excel for £100 (again I will check this for def as it may have been £60) through the post to say I had overstayed my time.


    I chose to pay £3.60 for 4 hours parking in Wakefield, 2 hours parking was something like £2.60.
    I still had my ticket and it transpires that I had put my money into the machine, 10p had not registered/dropped through with out me knowing and so a ticket for 2 hours was given for the price of £3.50.


    I responded to the letter at the time with evidence, an apology and offered to send the 10p to whoever it needed to go to. Letters continued to come, changing from one debt collector to another over the last 2 years, then BW Legal and now Court Papers. I responded to once to each of the debt collectors stating the same facts. I have kept all correspondence.


    I plan to respond to the court papers obviously but I haven't read any threads about my situation and I just wondered if it was worth defending? If yes, should I be using a certain template?


    Thank you
    Rebecca
Page 4
    • rk4406
    • By rk4406 1st Mar 17, 5:42 PM
    • 35 Posts
    • 26 Thanks
    rk4406
    IN THE COUNTY COURT
    Date of Hearing: XXXXX
    Claim Number: *******



    Excel Parking Ltd v ******



    Statement of Defence



    I am xxxxxxx xxxxx , defendant in this matter and deny liability for the entirety of the claim.



    1. On 10.01.2015 I put £3.60 in a ticket machine to buy a ticket for a 4 hour period as I was attending a show at the Theatre Royal Wakefield across the road. My ticket, Exhibit 1, shows that only £3.50 registered. The machine did not tell me this, that my 10p had not registered and therefore I believed I was buying a ticket for 4 hours. A tickets for 2 hours was printed [but I did not notice this].

    2. Exhibit 2, shows a photo of the car park sign (that I photographed at a later date) which states that 2 hours parking costs £2.40. I would not have put £3.50 into the machine should I have wanted a 2 hour ticket. The machine must have been faulty and not registered my 10p.

    3. My husband XXXXX, was the registered keeper but I was the driver on the day, 10th January 2017. I immediately emailed Excel Parking myself explaining what had happened and offering to send the 10p in whichever way they preferred, cheque, cash etc.

    4. Everytime I received a letter from each different debt collecting company to whom it was passed, I responded once with a letter stating the same facts and offering to send the 10p.

    5. In relation to the car park sign, there is a lot of text to read on it, Exhibit 2, and although I am not using this as an excuse, the fact that it states in extremely small font that no change is given and overpayment accepted is very unfair and definitely seems to be there to force errors. [Is there a better way to say this?]

    Do i summarise?

    Therefore I ask the court to respectfully strike out this claim with immediate effect.

    Any comments gratefully received, thank you
    • rk4406
    • By rk4406 1st Mar 17, 6:11 PM
    • 35 Posts
    • 26 Thanks
    rk4406
    In response to The Deep's comment...which i cant see anymore?

    I know, but when you think about it the facts on the sign are there, i didnt notice that 10p hadnt registered, i just accepted my ticket.

    I didnt read that overpayment is accepted and that no change is given....according to the signs i suppose im at fault, but its just so unfair.

    Thats why im fighting it. Like many have said, its down to the judge now.

    Its there to set people up in to having to come back to get a second ticket if they do happen to notice that the wrong ticket has been printed (costing them £4.80 instead of £3.60) or like me, who didnt notice that i didnt get duration i thought i was paying for, get ticketed!

    It could easily go either way but im worried about the strength of my WS.
    Last edited by rk4406; 01-03-2017 at 6:29 PM. Reason: Post i was answering was deleted
    • beamerguy
    • By beamerguy 1st Mar 17, 8:06 PM
    • 5,935 Posts
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    beamerguy
    I know, but when you think about it the facts on the sign are there, i didnt notice that 10p hadnt registered, i just accepted my ticket.

    I didnt read that overpayment is accepted and that no change is given....according to the signs i suppose im at fault, but its just so unfair.

    Thats why im fighting it. Like many have said, its down to the judge now.

    Its there to set people up in to having to come back to get a second ticket if they do happen to notice that the wrong ticket has been printed (costing them £4.80 instead of £3.60) or like me, who didnt notice that i didnt get duration i thought i was paying for, get ticketed!

    It could easily go either way but im worried about the strength of my WS.
    Originally posted by rk4406
    Excel and BWLegal are very vindictive and such action can only be construed as bullying

    Stop blaming yourself, this can happen easily to anyone.

    What is staggering is that Excel with their bovver boys BWLegal actually think they can win this.

    This is the worst case I have ever seen where the courts time is wasted and indeed the Judge's time.

    You need to impress on the judge as quickly as possible the stupidity of this case and even though you tried to mitigate this, numerous times you were ignored.

    You assumed the ticket machine would produce the correct ticket

    There is no loss as EXCEL accepted the 90p over payment and therefore this must be a penalty
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • rk4406
    • By rk4406 1st Mar 17, 9:15 PM
    • 35 Posts
    • 26 Thanks
    rk4406
    Titivated after some keyboard bashing...

    1. On 10.01.2015 I put £3.60 in a ticket machine to buy a ticket for a 4 hour period as I was attending a show at the Theatre Royal Wakefield across the road. My ticket, Exhibit 1, shows that only £3.50 registered. The machine did not tell me this, that my 10p had not registered and therefore I believed I was buying a ticket for 4 hours. When in fact a ticket for 2 hours was printed.

    2. Exhibit 2, shows a photo of the car park sign (that I photographed at a later date) which states that 2 hours parking costs £2.40. I would not have put £3.50 into the machine should I have wanted a 2 hour ticket. The machine must have been faulty and/or not registered my 10p.

    3. My husband XXXXX, was the registered keeper but I was the driver on the day, 10th January 2017. I immediately emailed Excel Parking myself explaining what had happened and offering to send the 10p in whichever way they preferred, cheque, cash etc, see Exhibit 3. I appealed to the IAS also as was advised, but to no avail, see Exhibit 4.

    4. In relation to the car park sign, there is a lot of text to read on it, Exhibit 2, and although I am not using this as an excuse, the fact that it states in extremely small font that no change is given and overpayment accepted is very unfair and definitely seems to be there to force errors.

    5. I emailed again in March 2015, see Exhibit 5 but realised I was being ignored by Excel Parking, see Exhibit 5. Everytime I received a letter from each different debt collecting company to whom Excel Parking passed it to, I responded once with a letter stating the same facts as you can read in Exhibits 3 and 5 and offering to send the 10p. I posted a hard copy letter out to Excel too which i did not keep a copy of, but again it contained the same facts.

    6. I tried to mitigate this at every step to avoid further action, in the end this is wasting the courts and you, the judge’s time, all for the sake of 10p.

    7. In summary, I did pay the full amount of £3.60.
    The machine only accepted £3.50 and printed a ticket for 2 hours, not the 4 hours i put money in for.
    I did not overpay for 2 hours, I paid for 4 hours.
    I would not overpay by £1.10 to avoid 10p.
    Excel ignored my appeal and offer to send the 10p but never offered to refund me the overpayment of £1.10 and then attempted to charge me £60 increasing to £100 and now £264.96.
    I therefore respectfully ask the court to dismiss this case as this is wasting the courts time for the sake of 10p.
    • rk4406
    • By rk4406 1st Mar 17, 9:16 PM
    • 35 Posts
    • 26 Thanks
    rk4406
    ive amended the exhibit 5 duplication in 5
    • iammumtoone
    • By iammumtoone 1st Mar 17, 9:24 PM
    • 4,838 Posts
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    iammumtoone
    4. In relation to the car park sign, there is a lot of text to read on it, Exhibit 2, and although I am not using this as an excuse, the fact that it states in extremely small font that no change is given and overpayment accepted is very unfair and definitely seems to be there to force errors.
    Originally posted by rk4406
    I normally only lurk on these threads, I am not an expert but I would take out the bit in bold and stick to the facts

    In relation to the car park sign, there is a lot of text to read on it, Exhibit 2, the fact that it states in extremely small font that no change is given and overpayment accepted is very unfair. I don't believe it is reasonable for me to have been expected to read all the print on this sign as this would have taken me xx minutes which is too long in that situation considering I put the correct money in the machine.
    Sealed pot challenge ~ 10 #017
    Declutter 2017 items in 2017 - 78/2017

    • iammumtoone
    • By iammumtoone 1st Mar 17, 9:28 PM
    • 4,838 Posts
    • 9,996 Thanks
    iammumtoone
    3. My husband XXXXX, was the registered keeper but I was the driver on the day, 10th January 2017. I immediately emailed Excel Parking myself explaining what had happened and offering to send the 10p in whichever way they preferred, cheque, cash etc, see Exhibit 3. I appealed to the IAS also as was advised, but to no avail, see Exhibit 4.
    Originally posted by rk4406
    When did you immediately email them? was it after they had sent you the 'fine'? its not clear at what stage you did this.
    Sealed pot challenge ~ 10 #017
    Declutter 2017 items in 2017 - 78/2017

    • rk4406
    • By rk4406 1st Mar 17, 9:38 PM
    • 35 Posts
    • 26 Thanks
    rk4406
    I parked in car park on 10th Jan 2015
    Their PCN was dated 15th Jan 2015, which i must have received on 16th or 17th
    I emailed on Sunday 18th Jan 2015

    Oh yes i should change to something like 'after receiving the PCN i immediately.....?
    Last edited by rk4406; 01-03-2017 at 9:40 PM. Reason: Understanding
    • Coupon-mad
    • By Coupon-mad 1st Mar 17, 11:54 PM
    • 49,944 Posts
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    Coupon-mad
    Statement of Defence (No, you did that at the start, after the claim form). This is your Witness Statement (facts that you can confirm).

    I would also append as an exhibit, ParkingEye v Cargius A0JD1405 (Wrexham County Court):

    http://nebula.wsimg.com/de2566ded6f0a611c309f1494800790b?AccessKeyId=4CB8F 2392A09CF228A46&disposition=0&alloworigin=1

    Read paragraph 13 from Cargius and echo some of it in your WS, maybe like this (I have included quotes from the Beavis case which strictly speaking, along with Cargius, should be separately presented on a sheet headed up 'skeleton argument' but if it's easier put it all in the WS):



    Witness Statement

    I am xxxxxxx xxxxx , defendant in this matter and deny liability for the entirety of the claim.

    1. This matter relates to a pay & display car park and on the material day, 10.1.2015, I bought a ticket for 4 hours in good faith but inexplicably and unnoticed by me at the time, a ticket for just 2 hours was printed by the machine.

    2. I confirm as a matter of fact, that I put £3.60 in a ticket machine to buy a ticket for a 4 hour period as I was attending a show at the Theatre Royal Wakefield across the road. My ticket, Exhibit 1, shows that only £3.50 registered.

    3. The system did not alert me to any shortfall to inform me that (for whatever reason within the workings of the machine) 10p had not registered and neither did 10p fall through and out into any tray, as is the case with other such machines. Therefore it was perfectly reasonable for me to rely on the full payment I had made which was accepted into the machine.

    4. Exhibit 2, shows a photo of the car park sign (that I photographed at a later date) which states that 2 hours parking costs £2.40. I did not and would not have put £3.50 into the machine if I had wanted a 2 hour ticket. No reasonable person would put in an extra 90p in, to avoid paying 10p. I made every effort to pay and I did comply with the terms and tariff.

    5. The machine must have been faulty and/or not registered my 10p. Since it is a fact that I put the full £3.60 into the machine, this issue must have been caused either by an internal machine malfunction or a matter of the machine being set to print a ticket regardless of overpayment - either way, this was not a matter within my control.

    6. My husband XXXXX, was the registered keeper but I was the driver and was unaware of any issue at all, on the day, but luckily I retained my pay and display ticket in the car. 10th January 2017. This Claimant's PCN was dated 15th Jan 2015 and I emailed on Sunday 18th Jan 2015 explaining what had happened and offering to send the 10p in whichever way they preferred, cheque, cash etc, see Exhibit 3.

    7. It is a fact that this claimant was fully aware, over two years ago, that this matter turned on a mere trifle of 10p and that I had paid £3.60. The fact that I received a hasty template rejection evidences that this claimant indisputably received my honest account of events, along with my without caveat offer to pay another 10p in the event that they could not account for it in their machine's total takings.

    8. I appealed to the IAS (second stage appeal), but to no avail, see Exhibit 4. I have subsequently discovered that any appeal to the IAS in the public domain is almost always reported to be futile, the IAS being provided by this Claimant's own Trade Body. Unlike the equivalent British Parking Association's ''POPLA'' the IAS lacks any scrutiny committee or similar independent overseeing body.

    9. It is in the public domain that the IAS turn the usual rules of evidence on their head, by expecting the consumer (rather than the claimant) to bear the burden of proving their case, even being expected to evidence matters that are solely in the knowledge of the parking firm. In my case, I realise now that I bore an impossible burden, of being expected to prove to the IAS that I had paid £3.60 and somehow evidence (weeks later) the whereabouts of my unregistered 10p payment - which was within this claimant's own machine. This reverse burden of proof puts consumers in an impossible position and of course, the IAS found in favour of the parking firm. The IAS uses anonymous 'assessors' (contrary to the usual ADR rules) and any decision from this service must be viewed in the context that the decisions often bizarrely fall against consumers, appear to have the burden of evidence unfairly weighted against drivers and appear to lack any apparent independence.

    10. In relation to the car park sign, there is a huge amount of wordy but small font text on it; Exhibit 2. Only the hourly tariffs are in the largest font. Vital information, such as the possibility of the machine accepting overpayments and the penalty itself, is hidden in small print so none of this was known or agreed as a contract when I put my £3.60 into the machine. and although I am not using this as an excuse, the fact that it states in extremely small font that no change is given and overpayment accepted is very unfair and definitely seems to be there to force errors. Further, the sums added to the £100 parking charge appear to have been invented, an attempt at double recovery and plucked from thin air because they are not stated in clear terms/font on the sign, nor have any costs been incurred from debt collectors which are known to advertise a 'no collection no fee' service.

    11. I emailed again in March 2015, see Exhibit 5 but realised I was being ignored by Excel Parking, see Exhibit 5. Every time I received a letter from each different debt collecting company to whom Excel Parking passed it to, I responded once with a letter stating the same facts as you can read in Exhibits 3 and 5 and offering to send the 10p. I posted a hard copy letter out to Excel too which i did not keep a copy of, but again it contained the same facts.

    12. I tried to mitigate this at every step to avoid further action, in the end this is wasting the courts and you, the judge’s time, all for the sake of 10p which was paid by me and simply not accounted for, by this Claimant.

    13. At no point has this Claimant actually evidenced that the takings from that machine on that day were 10p short, nor have they even mentioned checking that information. They are relying purely on the fact their machine was (unfairly) set to print a 2 hour ticket - whatever the overpayment registered - and somehow twisted this to suggest that I breached a small print contractual term.

    14. If they wanted to ensure the correct tariff was paid without such disputes arising, the machine should be set so that no ticket is printed until a tariff which matches a published rate is registered. If the machine had asked for another 10p I would have put another one in.

    15. I believe the way the machine is set is an unfair term and unfair business practice. Additionally I contend that this claimant's two year pursuit of this matter, harassing me with debt collectors despite my consistent responses, was wholly unreasonable and vexatious. Given the sum involved this claim is out of all proportion to the alleged (denied) sum purportedly owed.

    16. This claimant may try to rely upon the case of ParkingEye v Beavis [2015] UKSC 67, regarding disproportionate charges. However, the Court of Appeal and the Supreme Court's decisions during the course of that case do not support this claim at all. Beavis was a matter concerning an unusual enforcement regime and location, offering a free licence to park followed after 2 hours, by a charge. Indeed at the Court of Appeal stage the Judges stated that the 'free licence to park' regime was the factor which made that case 'completely different' from ordinary transactional contracts where a sum of money owed can be easily quantified. I suggest, exactly as in my case, where a mere 10p has been quantified as the sum in dispute and surely any reasonable person would consider £100 (and certainly this vastly inflated claim) to be 'extravagant' and out of all proportion.

    17. The Supreme Court Judges did not disagree with the court of Appeal about ordinary economic contracts and found that such disputes may still be determined by using Lord Dunedin's 'four tests' for defining an unrecoverable penalty, which continues to have useful application in such cases where the facts could be distinguished from the Beavis case, where the Judges held:

    - at 32: ''The true test is whether the impugned provision is a secondary obligation which imposes a detriment on the contract-breaker out of all proportion to any legitimate interest of the innocent party in the enforcement of the primary obligation. The innocent party can have no proper interest in simply punishing the defaulter. His interest is in performance or in some appropriate alternative to performance.
    In the case of a straightforward damages clause, that interest will rarely extend beyond compensation for the breach, and we therefore expect that Lord Dunedin’s four tests would usually be perfectly adequate to determine its validity.''


    - and, continued Lord Neuberger: ''as Lord Dunedin himself acknowledged, the essential question was whether the clause impugned was “unconscionable” or “extravagant”. The four tests are a useful tool for deciding whether these expressions can properly be applied to simple damages clauses in standard contracts.''

    - and at 99: ''…deterrence is not penal if there is a legitimate interest in influencing the conduct of the contracting party which is not satisfied by the mere right to recover damages for breach of contract...the question whether a contractual provision is a penalty turns on the construction of the contract.’’

    - Lord Mance at 143: ''The qualification and safeguard is that the agreed sum must not have been extravagant, unconscionable or incommensurate with any possible interest in the maintenance of the system.’’

    - Lord Mance at 152: ''What is necessary in each case is to consider, first, whether any (and if so what) legitimate business interest is served and protected by the clause, and, second, whether, assuming such an interest to exist, the provision made for the interest is nevertheless in the circumstances extravagant, exorbitant or unconscionable.''

    18. In ParkingEye v Cargius A0JD1405 (Wrexham County Court), transcript appended as Exhibit xx, a pay and display car park was held to be completely different from the Beavis case which was on its well-publicised journey through the courts at that time. At 13 in Cargius, the Judge distinguished a pay & display car park tariff dispute from the free car park in Beavis.

    19. My case is on all fours with Cargius, in that Excel wold have been quite satisfied if I had known to put another 10p in on the day, so that their machine then properly registered the £3.60 I had already paid. Their repeated refusals to accept the 10p I offered time and again has caused me significant distress this past two years and can only be described as a vexatious pursuit of an unwarranted and extravagant punishment for their own machine's failings, a matter not saved from falling foul of the 'penalty rule' by any legitimate interests whatsoever.

    I believe that the facts stated in this witness statement are true.


    signed:


    date:
    Last edited by Coupon-mad; 02-03-2017 at 12:17 AM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • rk4406
    • By rk4406 2nd Mar 17, 9:27 AM
    • 35 Posts
    • 26 Thanks
    rk4406
    Wow and thank you for spending your time on this, I'm very very grateful. I'm going to read it through again and again and append the extra item you suggest. Thank you
    • Coupon-mad
    • By Coupon-mad 2nd Mar 17, 11:44 AM
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    Coupon-mad
    Good - I have tried to steer it that the burden falls upon Excel to evidence that the 10p was not in fact in the machine, and that the fault lay in the system not with any underpayment.

    It is their case to prove, so make the Judge feel that they have not proved their case, have not shown the machine takings which are bound to include overpayments that, on the balance of probabilities, included your 10p.

    To win, they'd have to tip the balance of probs the other way in their favour, so be sure and firm and clear that you PAID £3.60, no doubt in your mind. An honest and assured account of your conduct should make it very difficult for the claimant in your case, it is ridiculous, bullying and a waste of the court's time.

    Make sure you take a schedule of costs to your hearing in your printed bundle, and don't forget to hand it to the Judge to claim your missed work/leave/travel and parking for this hearing, and hand it over right at the end if you win. Lots of people forget, so don't be afraid to say 'one more thing Sir/Madam...I have a schedule of my costs for this hearing'...
    Last edited by Coupon-mad; 02-03-2017 at 11:46 AM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • rk4406
    • By rk4406 2nd Mar 17, 7:28 PM
    • 35 Posts
    • 26 Thanks
    rk4406
    Ok i will, i read in another post if you win you can claim £19 per hour for the time you have spent on all of this? Does that float anymore or not?
    • Loadsofchildren123
    • By Loadsofchildren123 2nd Mar 17, 8:01 PM
    • 1,055 Posts
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    Loadsofchildren123
    You can only claim costs in small claims if other side conducts themselves unreasonably. CPR 27.14(2)(g).
    Plenty of examples of unreasonable behaviour:
    Failure to comply with Practice Direction - Pre-Action Conduct paras 3 and 6
    Defective Particulars of Claim that are incoherent (COR 16.4)
    Refusal to answer questions (CPR 18 and the ore-action practice direction)
    Late service of documents
    Etc
    • rk4406
    • By rk4406 13th Mar 17, 1:29 PM
    • 35 Posts
    • 26 Thanks
    rk4406
    Hello all you lovely people and especially Coupon-mad!


    About an hour ago BW Legal called me and asked me if I would like to settle over the phone instead of going to court and I piped up immediately and said 'yes for 10p'. The lady on the phone stuttered a little and repeated my answer, I said yes like ive stated all along, I owe you 10p and that is all I am willing to pay you. She stuttered some more and went to wrap up the call before I threw in at her 'and don't forget your court papers have to be with me by 4pm today?' Again more stuttering and a yes ok.


    I have just now received an email saying that they have sought their clients instructions with regards to the outstanding balance and they enclose by way of service their clients notice of discontinuance, a copy of which has been filed at court.


    So is that it?! Have they dropped it?! Do I need to do anything else? Should I chase anything up with the court?


    Awaiting your reponses if you have advice please?
    • Umkomaas
    • By Umkomaas 13th Mar 17, 1:38 PM
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    Umkomaas
    You've succeeded in painting them into a corner. From recollection it's often the BWL strategy to phone to check if a settlement can be reached a short while before court, and if no settlement they discontinue.

    You need to contact the court to check that they have received the discontinuation notification; if they haven't you need to turn up at the court, or risk a default - even if BWL have made an admin slip-up and not notified the court.

    Wait for advice from others as to whether you can make any claim for costs at this stage.

    When all this has died down, you might want to consider if you might also have a claim against Excel for using your details in breach of the Data Protection Act. So do plenty of research and see how other claims (in the pipeline, but not yet progressed to court) pan out.

    Have a read of Timothea's thread here as a starting point:

    http://forums.moneysavingexpert.com/showthread.php?t=5585388
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Coupon-mad
    • By Coupon-mad 13th Mar 17, 1:59 PM
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    Coupon-mad
    Hello all you lovely people and especially Coupon-mad!


    About an hour ago BW Legal called me and asked me if I would like to settle over the phone instead of going to court and I piped up immediately and said 'yes for 10p'. The lady on the phone stuttered a little and repeated my answer, I said yes like ive stated all along, I owe you 10p and that is all I am willing to pay you. She stuttered some more and went to wrap up the call before I threw in at her 'and don't forget your court papers have to be with me by 4pm today?' Again more stuttering and a yes ok.


    I have just now received an email saying that they have sought their clients instructions with regards to the outstanding balance and they enclose by way of service their clients notice of discontinuance, a copy of which has been filed at court.



    So is that it?! Have they dropped it?! Do I need to do anything else? Should I chase anything up with the court?


    Awaiting your reponses if you have advice please?
    Originally posted by rk4406

    Yay - you have done it!!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • beamerguy
    • By beamerguy 13th Mar 17, 2:03 PM
    • 5,935 Posts
    • 7,639 Thanks
    beamerguy
    Hello all you lovely people and especially Coupon-mad!


    About an hour ago BW Legal called me and asked me if I would like to settle over the phone instead of going to court and I piped up immediately and said 'yes for 10p'. The lady on the phone stuttered a little and repeated my answer, I said yes like ive stated all along, I owe you 10p and that is all I am willing to pay you. She stuttered some more and went to wrap up the call before I threw in at her 'and don't forget your court papers have to be with me by 4pm today?' Again more stuttering and a yes ok.


    I have just now received an email saying that they have sought their clients instructions with regards to the outstanding balance and they enclose by way of service their clients notice of discontinuance, a copy of which has been filed at court.


    So is that it?! Have they dropped it?! Do I need to do anything else? Should I chase anything up with the court?


    Awaiting your reponses if you have advice please?
    Originally posted by rk4406
    Well done you

    As Umkomaas said, confirm this with the court.
    Once confirmed, it's over but it's just the start for you if you wish to persue a DPA claim

    You know, when brains were being handed out, they clearly missed BWLegal completely

    The ball is now firmly in your court now
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Fruitcake
    • By Fruitcake 13th Mar 17, 2:15 PM
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    • 80,497 Thanks
    Fruitcake
    Well done. As above, check with the court that it has indeed been discontinued.

    Being the sort of person I am, I would send them a cheque for 10p as a gesture of goodwill, and to help cover their costs.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • pappa golf
    • By pappa golf 13th Mar 17, 2:17 PM
    • 7,287 Posts
    • 7,438 Thanks
    pappa golf
    Well done. As above, check with the court that it has indeed been discontinued.

    Being the sort of person I am, I would send them a cheque for 10p as a gesture of goodwill, and to help cover their costs.
    Originally posted by Fruitcake

    but the full amount was paid , sending 10p would be an admittance of non payment
    • rk4406
    • By rk4406 13th Mar 17, 2:18 PM
    • 35 Posts
    • 26 Thanks
    rk4406
    Yes court have had the email too and have advised me that an order will be sent out to me, advising me that its all finished. Thank you for that advice Umkomaas.


    Thanks Umkomaas, Coupon-mad and everyone else who advised but it is you who all helped me get to this outcome. As you read above I had my doubts.
    Im so sorry Coupon-mad that you spent the time writing my Witness Statement, which I was quite excited to present in court. But im very glad that I don't need it now.


    In relation to my costs, unless I could charge the £19 per hour for my time spent, maybe some photo copying/ stationary costs that I couldn't really prove I wont have much to submit. But if anyone else thinks different please advise.


    Thank you again and ill have a read of that link in relation to DPA.
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