wrong registration

paul.d_4

I inadvertently entered my 2nd car reg-ignored all letters from Parking Eye until court letter arrived-mailed them and they confirm that my 2nd reg was entered-but still asking for "costs" before cancelling court case-would the court accept my mistake but still award costs against me??

peter_the_piper

Just what would they issue a claim for, something they have not done?

Coupon-mad

paul.d wrote: »

I inadvertently entered my 2nd car reg-ignored all letters from Parking Eye until court letter arrived-mailed them and they confirm that my 2nd reg was entered-but still asking for "costs" before cancelling court case-would the court accept my mistake but still award costs against me??

It's hard to say what a judge would decide and it's your call. Just to let you know, PE try this a lot and we normally suggest people treat the offer with contempt and refuse it (but it's your money). Bear in mind the letter 'offering' to cancel for £50 or £60 is headed up 'without prejudice' so cannot be produced in court. It's PE trying it on - so I would reply and thank them for their kind offer but 'no deal'.

You now have the knowledge that they have found your payment so no loss was suffered at all. Perfect to help with your defence wording then; the BPA Code of Practice and UK contract law (such as UTCCR 1999, look it up or search it on this forum) says clearly that a claimant can only claim a genuine estimate of loss for an alleged breach (anything else is a penalty).

You should URGENTLY complain to the retail park that PE are still harassing you even after they have located your payment and you are disgusted that this retail park would allow such a litigious and intimidating firm anywhere near their paying customers! Do that complaint NOW, because we already have examples on a sticky thread where retail park managers have cancelled ALL costs to PE (even at this stage of court papers) when a person shouts loud enough! Look at the 'successful complaints about PPCs' sticky thread I started, near the top of the forum. That could be you!

And finally if you are still 'in limbo' re the small claim, having ONLY acknowledged the claim and asked them to look for your payment under the other car reg, don't forget that you still have to submit a skeleton defence summary by day 28 (counting from the date when you received the Court papers which I think is assumed a couple of days after they were sent). Don't fall into the trap of thinking that if the retail park are investigating then you might not have to defend! No defence submitted in time = a default WIN for the claimant.

Guys_Dad

I am going to risk the wrath of my fellow contributors here.

Had you written to them in the first place informing them of the mistake you made, then PE has a track record of cancelling the charge. As you did the Ostrich tactic, there is no doubt that they do have a genuine loss of at least the court fees (assuming that they have gone that far).

I think that they would win in court, to be frank. They can certainly show evidence of letting people off when they proved that they had paid and simply made an error of keying and they can show the Judge that they had incurred costs solely due to you refusing to contact them till the court papers were issued.

So, I am not defending their charges, simply looking at this dispassionately and taking a stab at what I think the outcome would be if you let it run.

kirkbyinfurnesslad_2

I agree with guys dad.

I would suggest you pay it.

Umkomaas

Wouldn't PE have to make a separate and new claim, given that the Parking Charge per se, which was what they were pursuing, has been dropped?

I'm not asking the question from a point of knowledge, just one of curiosity - and possibly logic?

paul.d_4

Ive emailed them for a breakdown of how the £50 is worked out-will wait and see

Coupon-mad

kirkbyinfurnesslad wrote: »

I agree with guys dad.

I would suggest you pay it.

I disagree but then I never think anyone should pay their £50 'offer'. :mad:

Coupon-mad

paul.d wrote: »

Ive emailed them for a breakdown of how the £50 is worked out-will wait and see

That won't help you, they'll give you an 'admin costs' breakdown - so what?

Your priority should be the COMPLAINT to the retailer/landowner, CEO or top management of whoever contracted PE there.

spacey2012

I really do think some of the members here have really lost it now.

Guys_Dad

Coupon-mad wrote: »

I disagree but then I never think anyone should pay their £50 'offer'. :mad:

I usually agree 100% about not paying. But being pragmatic, if this was to get to court in front of a judge, what odds would you give against OP winning?

I think they might be stacked against him for the reasons in my previous post.