End wanted to ParkingEye ticket 10 April 2014 at 2:11PM in Parking tickets, fines & parking 40 replies 3.5K views

The_Deep

£30 would seem a good result if that is what you want, but I do not understand why you should want to hide your offer from the court.

da_rule

The_Deep wrote: »

£30 would seem a good result if that is what you want, but I do not understand why you should want to hide your offer from the court.

Because that's what Part 36 of the Civil Procedure Rules says, it's without prejudice save as to costs. This means that it can have very specific consequences if ParkingEye reject the offer and they either lose the case in court or fail to achieve a result which is at least equal in value.

ColliesCarer

da_rule wrote: »

Does anyone have the court reference number or the names of the parties for the £20 case?

OP was Powerlady - you could try a pm to her

Nodding_Donkey

BenefitMaster wrote: »

Hmmm... :mad:

What's wrong with that? he asked how to make it go away, bending over and lubing up will make it go away.

I just don't understand the mentality of going this far and giving in.

da_rule

Nodding_Donkey wrote: »

I just don't understand the mentality of going this far and giving in.

I don't think the OP 'has gone this far' on purpose, in that he has ignored the correspondence (maybe after reading/receiving out of date advice) and now just wants the matter sorted, with no time/desire to go to court.

DRCUK

da_rule in responce to your PM, yes by all means post on the thread - my new profile will only let me send 1 PM every 60mins!

ColliesCarer

da_rule wrote: »

Does anyone have the court reference number or the names of the parties for the £20 case?

Have read the thread and both 4consumerrights and Salmosalaris helped Powerlady off forum - so they may have the details

Coupon-mad

Don't start at £30. Too high IMHO. And don't post stuff that's none of their business and shows your offer comes from apposition of weakness!! Here's one Daisy wrote (retired Solicitor who posts here):




DATE

WITHOUT PREJUDICE SAVE AS TO THE QUESTION OF COSTS

Dear Sirs

[Name of PPC] -v- [Name of Defendant]
xxxx County Court, Case Number xxxxx

I refer to the above court action, which is disputed.

Having taken advice, I believe that I have a very good prospect of successfully defending this action [add in here if wished 'particularly bearing in the judgments in similar small claims court cases such as xxxx, xxxx, and xxxx' ]

Nevertheless, it does seem to me to be a waste of everyone's time - not to mention the burden on the court's time and resources - to litigate this matter. Therefore, in the spirit of compromise, I am willing to make offer of settlement in the sum of £20. This offer is made without any admission of liability.

This offer 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 the court action will be defended in the normal way. In the event of your client failing to achieve a judgment in excess of the sum offered in this letter, an application will be made for an order that your client pay my wasted costs of defending the action in full pursuant to the provisions of CPR 27.14.

I trust this will not be necessary and I look forward to receiving your written acceptance of this offer within the timescale stipulated in this letter.

Yours faithfully




PRINT NAME IF POSTING AND JUST ADD A SQUIGGLE, NOT SIGNATURE AS SUCH




Not only that, why offer anything, you are acting as if it's either that or a hearing? Not true. You can also get the landowner to cancel perhaps if you are assertive enough.

And to be more proactive, why not just write to the Court instead and ask for the case to be stayed for the HHJ Moloney case in Cambridge and/or an order for POPLA instead? Doesn't matter if your case is in Essex, Cambs, Norfolk or Suffolk OR NOT, you can still ask. So that just means writing to the local court if you are now past N180 Directions Questionnaire stage:




Re: CLAIM NUMBER *********
I am the Defendant and the registered keeper of the vehicle relating to this alleged parking invoice.

The Defendant respectfully requests:

(a) - an Order for the claim to be stayed until the end of May 2014, pending the result of the test cases being heard in the coming weeks by HHJ Moloney QC in Cambridge (adjourned from 14/3/2014). Under that Order, any similar cases pending in the Cambridge, Essex, Suffolk or Norfolk Courts were to be listed on the same occasion or stayed pending the outcome of those proceedings. In other Court areas, many ParkingEye cases have also been stayed for the same reason since this is a test case relevant to all cases this Claimant is currently pursuing. For example, on 29th January 2014 at the request of the Defendant, in 3JD06925 ParkingEye v Hopewell (Halifax) Deputy District Judge Gardner stayed the claim, pending the Cambridge test cases and more have been stayed since then. This is a regular litigant who now routinely lose several cases per week when properly defended and many English county courts have been inundated with this Claimant's seemingly vexatious claims and swamped with paperwork wholly disproportionate to the sum involved, since 2013.

(b) - Further and in the alternative, I request an Order for the claim to be stayed pending the allowance of both parties to undertake ADR in the form of a POPLA appeal, similar to Court Orders in a number of this Claimant's cases now successfully resolved by POPLA, such as in the order made by District Judge Mayor, Croydon Court, 13/09/13 (Case no. 3JD00719, ParkingEye v Mr O), and by Deputy District Judge Bridger, Southampton Court, 21/01/2014 (Case no. 3JD05448, ParkingEye v Gilmartin). POPLA place no deadline on the case being referred to them and will allow a BPA member to issue a POPLA code at any stage. The British Parking Association, which is the Trade Body for this claimant, are on record as being particularly keen for the authorities to recognise POPLA as the bespoke ADR for this industry and actively encourage cases to be referred. In the interests of saving the court's time I agree to accept the findings of POPLA in my case even though in the normal course of events their decisions are not binding on a motorist.



If you don't try you will never know. As for paying them off, you could do that on the day of the hearing, on the court steps so it's not something to be considering instead of the above options.

da_rule

Here's my draft of a letter you could send to ParkingEye to request a stay in proceedings to allow for mediation, namely POPLA.

Dear Sirs,

Re: Parking Charge: County Court Claim Number:

I note that in your response to my defence in the above case you stated that you were willing to mediate to resolve this matter. However, you have, when completing the Form N180, stated that you do not want the matter referred to the mediation service.

I am willing to explore alternative methods to resolve this dispute. I would therefore request that you allow for a stay in proceedings and supply me with a POPLA Reference Number so that I can apply to them to allow them to adjudicate on this matter. This may enable the matter to be resolved without the need to attend court.

I would remind you that one of the overriding objectives of the Civil Procedure Rules (CPR) is to save expense (CPR 1.1(1)(b)). By agreeing to allow this matter to go before POPLA you may save any further costs being incurred in this matter.

Whilst you have already started proceedings I feel that it is important to point out that you haven’t actively offered me any way to resolve this dispute, other than by paying the disputed amount. This is a breach of Paragraph 8 of the Pre-Action Conduct Practice Direction. I therefore feel that by offering me access to POPLA at this stage you could mitigate any damage that your early breach may have caused your case.

Yours faithfully,

And here is the Part 36 offer letter. All you have to do is put the service date at the bottom (2 working days after you post it).

Dear Sirs,

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

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. However, 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. 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 XXX. Please acknowledge and confirm receipt by e-mail or post.

Yours faithfully,

Wait to see if anyone else has any feedback/comments.

DRCUK

Many thanks da_rule & Coupon-mad, Letter sent to PE recorded delivery, ill get back with their responce once it arrives.