Parking Eye Court Claim

hoohoo

Failure to comply with 'this'.

Classic Melville-Shreeve territory. ParkingEye have two judgements that this wording is not acceptable. Perhaps they want to go for three.

look up ParkingEye v Collins-Daniel and when you stop laughing send in the transcript to pe and ask if they would prefer to drop the case.

liseylou

I am totally astounded to say that PE have sent a without prejudice, save as to costs, letter offering to settle for £50. This is clearly a standard letter as it is addressed to Dear Sir/Madam, but we won't hold that against them.

I am somewhat relieved as it would cost me more in wages to go to court. I will look into the negotiation side of things first, but if there is no likelyhood that I can get this reduced further, I will probably settle.

MASSIVE thanks to all who have helped with the claim process!! :T

I will pop into the forum occassionally, as I may well be able to offer my support to other newbies in time.

:j

da_rule

You could make a counter Part 36 offer. Look at post 30 on this thread: https://forums.moneysavingexpert.com/discussion/comment/65224400#Comment_65224400

Stroma

Yes offer them about £20 if you wish to pay them anything

4consumerrights

Parking Eye's WP prejudice offer consists:

£15 court filing fee
£2.50 DVLA details (which is already incorporated in their parking charge calculations)
£2.50 postage for stamps - for their alleged 4 letters they send each and every time.

£30 administration charges - which they refuse to breakdown in any sense but claim to be communications between parties up to court hearings........

Decline to settle at £50 and do start low......

normally their WP offer is when they feel their case is weaker.

liseylou

da_rule wrote: »

You could make a counter Part 36 offer. Look at post 30 on this thread: https://forums.moneysavingexpert.com/discussion/comment/65224400#Comment_65224400

I wasn't sure if I could bounce back a lower offer, so I will do thanks. If I offer say £20, am I advised to break the figure down to demonstrate how it was calculated, as per 4CR's post, such as:

Dear Sirs,

Re: Parking Charge: County Court Claim Number: XXXX
Part 36 Offer – Without Prejudice Save as to Costs

Thank you for your letter of 9 April 2014 offering to settle the above claim at £50. However, as I am confident that I can defend the matter as the amount claimed represents a ‘penalty’ in that it is not a genuine pre-estimate of loss and is therefore unenforceable. Therefore, in an attempt to resolve this matter I am willing to offer a settlement. For the purposes of the Civil Procedure Rules (CPR), Rule 36.2(2)(b) I can confirm that it is my intention for this offer to have the consequences set out in Part 36.

The offer I am willing to make is £20, including all costs (i.e. £15 court filing fee; £5 administrative costs). In accordance with CPR, Rule 36.2(2)(d), this offer relates to the whole of the claim.

The relevant period for accepting this offer is 21 days from the date of service. As I am sending this today, by first-class post I calculate that the offer will be deemed to be served on 6 May 2014. Please acknowledge and confirm receipt by e-mail or post.

Yours faithfully,

liseylou

da_rule wrote: »

You could make a counter Part 36 offer. Look at post 30 on this thread: https://forums.moneysavingexpert.com/discussion/comment/65224400#Comment_65224400

I just noticed post 29 in this post which includes a letter written by Daisy, making reference to other similar cases (Fistral Beach).

bazster

Do NOT mark your counter-offer WITHOUT PREJUDICE. If you make a counter-offer, but it still winds up in court eventually, you want the court to see it to show that you've been reasonable and made an offer. WP would preclude you showing it.

Their £50 offer usually appears when they know they're beaten. Pay, counter-offer or fight is obviously your choice, but I wouldn't pay them a penny.

liseylou

bazster wrote: »

Do NOT mark your counter-offer WITHOUT PREJUDICE. If you make a counter-offer, but it still winds up in court eventually, you want the court to see it to show that you've been reasonable and made an offer. WP would preclude you showing it.

Their £50 offer usually appears when they know they're beaten. Pay, counter-offer or fight is obviously your choice, but I wouldn't pay them a penny.

OK how about this:


Dear Sirs,

Re: Parking Charge: XXXXXX/XXXXXX County Court Claim Number: AA111111
Part 36 Counter Offer
Thank you for your letter of 9 April 2014 offering to settle the above claim at£50. After taking advice, I am confident that I can defend the matter as theamount claimed represents a ‘penalty’ in that it is not a genuine pre-estimateof loss and is therefore unenforceable. Particularly bearing the judgments in similar small claims court casessuch as 3JD08399 (Altrincham 17/03/2014) and 3JD03769 (Birmingham 11/02/2014).

Nevertheless, it does seem to be a waste ofeveryone’s time, not to mention the burden on the court’s time and resources tolitigate this matter. Therefore, in anattempt to resolve this matter I am willing to offer a settlement. For thepurposes of the Civil Procedure Rules (CPR), Rule 36.2(2)(b) I can confirm thatit is my intention for this offer to have the consequences set out in Part 36.

The offer I am willing to make is £20, including all costs (i.e. £15 court filingfee; £5 administrative costs). In accordance with CPR, Rule 36.2(2)(d), thisoffer relates to the whole of the claim. This offer is made without any admission of liability.
The relevant period for accepting this offeris 21 days from the date of service (namely 21 days plus two days for service). As I am sending this today, by first-class post I calculate that the offer willbe deemed to be served on 7 May 2014. In the event of your client failing toachieve a judgment in excess of the sum offered in this letter, an applicationwill be made for an order that your client pay my wasted costs of defending theaction in full pursuant to the provisions of CPR 27.14.
I trust this will not be necessary andtherefore look forward to receiving your written acceptance of this offerwithin the timescale specified.

Yours faithfully

Should I head the letter 'COUNTER' offer?

liseylou

ignore the font etc as the forum seems to clump words together - the original word document doesn't.