Private parking mild overpayment...

nobbysn*ts

Date of the signature for receipt is within the 14 days?

londonice

I admire the hard work that has gone into the forum and I say follow the advice on the sticky topic to anyone reading.
I've chosen to try a different method and I'm being my own guinea pig for my "experiment".

londonice

nobbysn*ts wrote: »

Date of the signature for receipt is within the 14 days?

Yes it was signed for well within that timescale.

Stroma

londonice wrote: »

I admire the hard work that has gone into the forum and I say follow the advice on the sticky topic to anyone reading.
I've chosen to try a different method and I'm being my own guinea pig for my "experiment".

A different method ? What by paying them 1p more than they are asking for, sorry if we don't advise on doing this, it's being a guinea pig, and it's being frankly stupid, I will let the people seeing this decide what they think you are being.

And as they have not cashed your cheque you can inform your bank to cancel it as it's been lost

nobbysn*ts

Stroma wrote: »

A different method ? What by paying them 1p more than they are asking for, sorry if we don't advise on doing this, it's being a guinea pig, and it's being frankly stupid, I will let the people seeing this decide what they think you are being.

And as they have not cashed your cheque you can inform your bank to cancel it as it's been lost

Not very intelligent. They know it's been signed for. The op knows it's been signed for. We all know it's been signed for. MET have read this, and again, know it's been signed for. Falsely declaring it's been lost wouldn't be good. MET merely have to send the penny back now, as the op has agreed the contract was in place.

Stroma

Why the cheque has not been cashed despite it being sent to them! If it hasn't been cashed then its a fair conclusion it's been lost! The bank will cancel on such things. The cheque has been sent on good faith and has not been cashed, the fact is very often these companies don't cash cheques because they think they can get more by pretending they haven't had it!!!

Now the advice on this is ask the bank, say you sent a cheque 7 weeks ago and it hasn't been cashed, they will likely advise to cancel it, but as MET is reading this it's a fair bet they suddenly find it! And this perverse way of dealing with an invoice goes forward, and they will be back to the OP for £49.99 for paying late!

nobbysn*ts

londonice wrote: »

Thank you Halibut but incorrect advice is dangerous for the rest of the board.

I am well versed in contract law and can state with some authority the following:

You mention in your "best case scenario" that the company may try to pursue me through the courts after I sent them payment via cheque that they have not or would not cash.
The court would immediately throw out (dismiss) the case as complaint without grounds and refusal to accept reasonable payment would be enough to consider the "contract" void. I can prove that I sent them payment (special delivery signature) along with a letter, photocopy of the cheque and cheque stub. In fact, they would not be able to do anything apart from be labelled as a "vexatious litigant" if they continued that course of action.


Also that claiming back the 1p would in fact be very worthwhile as interest can be added as well as direct costs, including costs of writing letters to them as well as the county court costs to claim back the 1p. The process however is, in itself, excessive.


In the meantime, I shall assume that MET Parking services have rescinded their claim to the "contract" and the matter closed.

Court costs? Letter before action, and that should see the £1 or so for the letter, the stamp, and the interest on the penny, plus the penny back?

nobbysn*ts

Stroma wrote: »

Why the cheque has not been cashed despite it being sent to them! If it hasn't been cashed then its a fair conclusion it's been lost! The bank will cancel on such things. The cheque has been sent on good faith and has not been cashed, the fact is very often these companies don't cash cheques because they think they can get more by pretending they haven't had it!!!

Now the advice on this is ask the bank, say you sent a cheque 7 weeks ago and it hasn't been cashed, they will likely advise to cancel it, but as MET is reading this it's a fair bet they suddenly find it! And this perverse way of dealing with an invoice goes forward, and they will be back to the OP for £49.99 for paying late!

No, we all know where it is. It's with MET. If MET advise the op it's been lost, and ask to cancel, fine. If the op decides to send the cheque, then cancel before they have a chance to cash it, well within the period it valid for, not fine. No bank would advise cancelling it without asking MET to look for it first. Poor advise I'm afraid, that would leave the op wide open.

Stroma

Wide open for what ? Are you suggesting that MET will issue a claim ? You are offering very poor advice on this, a cheque can be cancelled through the bank, a letter to MET advising them that you believe the cheque has been lost is sufficient as it will actually cost nothing for them!

How many times has cheques been sent to these companies then cancelled before being presented? On here over the years I would say hundreds maybe more, how many claims issued over it? I would say a fat zero! You need to get a reality cheque on these companies, very few issue claims, and even those that do only a minute percentage goes to a court.

And MET has issued 2 small claims in the last 18 months only

Iceweasel

londonice wrote: »

I admire the hard work that has gone into the forum and I say follow the advice on the sticky topic to anyone reading.
I've chosen to try a different method and I'm being my own guinea pig for my "experiment".

I'm intrigued.

Has this been tried anywhere before to beat any other 'contracts' or unfair changes?