Help needed to offer a without prejudice settlement

Bowsyboy

Thank you for this link.
Although I've spent many hours studying posts, I've not seen this one before.
Don't get me wrong, I'm up for a fight but do feel a plonker for disposing of the paperwork and thought I'd have compromised matters as a result!

zzzLazyDaisy

First, you MUST log onto MCOL within 14 days of the date on the court papers and file and acknowledgement confirming receipt of the court papers and asking for time to file a defence. This extends time for filing the defence to 28 days from the date on the court papers (actually it is the date of receipt to be pedantic, but wherever possible I advise people to work to the earlier date to be on the safe side).

Second you need to file a defence - if you intend to pay it doesn't have to be particularly well drafted - you will find examples of defences on here if you do a search.

Essentially, you need to state that liability is denied in full, and then rebut each of the claims that PE has made in their particulars of claim.

Also state that PE is not the landowner, but merely a parking management company acting as agent on behalf of the landowner and as such has no locus to pursue proceedings against you. Therefore PE is put to strict proof of its standing to issue proceedings in respect of this matter, and you respectfully ask the court to Order PE to provide you with a copy of its contract with the landowner confirming it has authority to act as its agent, and to produce the original for inspection by the court.

Also state that you believe the sum claimed is unreasonable and punative and as such is an unlawful penalty and state that PE not provided any details of the calculation of loss or what has been included in the calculation. Therefore PE is put to strict proof that the sum claimed is in fact a 'genuine pre-estimate of loss' and ask the court to make an Order that it must provide you with this information.

That should be enough to hold the situation.

A without prejudice letter needs to comply with the CPR rules to be properly effective and to really put pressure on the claimant to fold. I will come back shortly and post a draft letter in the correct form required by the court.

In the meantime you need to get on with filing the acknowledgement at the very least, and a draft defence if you are approaching the 28 days, as if you fail to file a defence by the deadline, PE can simply enter judgement in default (and will probably ignore any without prejudice offer to settle until AFTER the deadline just in case you do give them the opportunity to enter judgement against you for the full amount).

AND DO AS COUPON SUGGESTS - write a polite but firm letter of complaint to the landowner/retailer complaining that you are a genuine customer who is being taken to court by their agent (have a look at the thread she has link to). Every day people are getting the charge cancelled by the landowner/retailer - even at this late stage.

Daisy

Bowsyboy

I will get on to it straight away and I look forward in anticipation to your draft letter.
Your assistance is certainly very much appreciated.

zzzLazyDaisy

Okay here is a draft without prejudice offer.

PLEASE NOTE - THIS IS NOT AN ADVICE TO PAY UP! It is simply an advice on the procedure to use should you choose to pay up, rather than spend time dealing with the case.

Unless you are legally represented or being assisted by someone who knows about these things, PLEASE DO NOT mess about with the wording - get it wrong and you could end up having to pay the PPC's court and solicitors costs on top of the offer.

When considering how much to offer I suggest that you either:

a) simply offer the amount of the reduced PCN if you had paid it when the discount was available (or whatever other amount you consider reasonable).

OR

b) work out what the actual loss is, plus reasonable admin costs and DVLA £2.50 and offer that amount with a note saying how you have calculated the amount; OR

AND delete whichever square bracket does not apply.

IF THE OFFER IS ACCEPTED DO NOT MISS THE DEADLINE FOR MAKING THE PAYMENT OTHERWISE THERE IS A RISK OFFER MAY BE DECLARED NULL AND VOID BY THE COURT.

hth

Daisy

PS: this letter can also be used BEFORE court action has begun - upon receipt of an LBA/LBC or even earlier. BUT it is important to note that sending a Without Prejudice letter DOES NOT suspend or halt the proceedings in any way (whether appeal, LBA, or court proceedings). You MUST continue with the current stage in the process until you have a written acceptance of your offer from the PPC, and you have paid the money. In the case of court proceedings, you must continue to deal with the court proceedings until the court confirms that the PPC has formally with drawn the claim.

---

NAME OF PPC's LEGAL DEPT (or Solicitor if acting)
ADDRESS

DATE

WITHOUT PREJUDICE SAVE AS TO THE QUESTION OF COSTS

Dear Sir

[Name of PPC] -v- [Name of defendant]
County Court case number xxxxxxxx

I refer to the above claim, court papers for which were served on me on [date]. I am writing to acknowledge the claim against me and to confirm that liability is denied in full. I am in the process of filing a defence will no doubt be served upon you, by the court, in due course.

Nevertheless, and notwithstanding the above comments, in the spirit of disposing of this matter swiftly and conveniently, I am willing to make an offer of settlement in the sum of [£xx] [this being the original sum specified in the PCN dated xxx] [calculated as follows; actual loss, DVLA costs, reasonable admin costs]. This offer is made in full and final settlement of the whole claim, inclusive of interest and costs and is made entirely on a 'without prejudice' basis and with no acceptance of liability.

I confirm that payment will be made in full within 14 days of receipt of acceptance of this offer together with details of required method of payment.

PLEASE NOTE: This offer is intended to have the consequences of Section 1 of Part 36 of the Civil Procedure Rules. It will remain open for a period of 23 days from the date of this letter (namely 21 days plus two days for service) after which time the offer will be withdrawn and in the event of the claimant failing to achieve a judgment in excess of the sum offered in this letter, an application will be made for an order that the claimant pay the defendant's wasted costs of the action in full.

I trust this will not be necessary and look forward to receiving your positive response shortly.

Yours faithfully

PRINT NAME

Coupon-mad

Bowsyboy wrote: »

I will get on to it straight away and I look forward in anticipation to your draft letter.
Your assistance is certainly very much appreciated.

Any update? Got it cancelled yet by loudly complaining? Do update your thread. Help is out there, see this to help with your case, I do hope you haven't folded.

http://parking-prankster.blogspot.co.uk/2013/11/do-you-have-court-hearing-with.html

A lot has happened with PE small claims in recent weeks, read the blogs there.