Is this a new tactic that works?

aceshigh

I recently challenged a Civil Enforcement ticket. I appealed to POPLA which was a useless exercise as they overturned my appeal whilst demonstrating a complete lack of understanding of the situation. So I wrote a letter to CE stating in large letters at the top that my reply was 'without prejudice'. This means that the contents cannot be used against me in court without my permission. In the letter I reiterated my case against CE and said I was willing to let a court make the decision, but in order to save the court's time and money, I was willing to settle the matter for £40. This places CE in a difficult situation. If they persist and take me to court, I can present the letter, thereby demonstrating that I've tried to settle the matter and save the court's time (a solicitor friend says this would be a big plus for me and look very bad for CE). If they accept my offer, it's a large slice of humble pie and although I'm £40 down would feel very much like a moral victory. I sent my letter on September 22nd and so far, I haven't heard from anyone. If you get hit by an unfair parking charge, I know it can seem quite intimidating, but if you feel you have a case - no matter how small - stick to your guns and consider taking this approach. Good luck.

The_Deep

Sorry, I do not see how such an offer would embarrass a PPC. All I see is you holding your hand up.

Dave_TH

I am curious as to how you lost at POPLA, with all the advice floating around the forum it's seems giving £40 is like snatching defeat from the jaws of victory

bazster

Stick to your guns? Sounds like a white flag stitched together out of 8 fivers to me.

You do realise that CEL never turns up for court hearings? Leaving their intended victim roughly £100 better off in costs awarded?

Ryan_Bryan

Sorry OP. You are offering £40 to someone who is trying to scam you. They have shown themselves to be a bunch of chancers as just a little reading up on CEL here will have shown you. CEL rolled the legal dice they way parking lie did by issuing court claims. But whereas p.e do some court cases as a loss leader, CEL bottle it.

BenefitMaster

This idea will never work - if the other side tried to produce a "without prejudice" letter in court to prove conduct, I'd ask the judge to slap them down immediately, and use their attempt as evidence under CPR 27.14(g).

The_Deep

BenefitMaster wrote: »

This idea will never work - if the other side tried to produce a "without prejudice" letter in court to prove conduct, I'd ask the judge to slap them down immediately, and use their attempt as evidence under CPR 27.14(g).

I think that you have grasped the wrong end of the stick, its the OP who suggesst producing his own WP letter in court.

James_N

The_Deep wrote: »

I think that you have grasped the wrong end of the stick, its the OP who suggesst producing his own WP letter in court.

I think it's YOU who has the wrong end of the stick.

No one can (should) produce WP correspondence except AFTER judgement. If the judgement was to PAY the £40 this might help, because then he can produce the WP correspondence and say - look I was willing to settle for this 6 months ago. They have just wasted our time and effort for the same result. Then what should happen is that costs go against the person who would not settle earlier.
To try and produce WP as evidence would be slapped down, AND would be a massive admission of acceptance of liability when you are trying to argue otherwise.

aceshigh

My appeal was based on a lack of ANPR signage. POPLA's response was awful; factual inaccuracies, spelling mistakes, etc. but they sympathised with my case?! They summed up by saying that not adhering to the code of conduct was not a reason to uphold the appeal. So what's the point of a code of conduct?

aceshigh

I'm not holding up a white flag. This is the first time this has ever happened and I've found the whole process quite interesting (including all the posts on this forum). I don't get frightened by companies like this, I'm curious to see what kind of tactics can be used and which are most effective. I could have just ignored all the communication they send, but I wanted to see what effect - if any - this approach had, even if it cost me £40.

aceshigh

A judge? I wouldn't expect this to get beyond a magistrates court.