10p didnt register now rec'd court papers

rk4406

Hello,


Any help and advice appreciated please.


In 2015 (I will check definite date) I received a parking notice letter from Excel for £100 (again I will check this for def as it may have been £60) through the post to say I had overstayed my time.


I chose to pay £3.60 for 4 hours parking in Wakefield, 2 hours parking was something like £2.60.
I still had my ticket and it transpires that I had put my money into the machine, 10p had not registered/dropped through with out me knowing and so a ticket for 2 hours was given for the price of £3.50.


I responded to the letter at the time with evidence, an apology and offered to send the 10p to whoever it needed to go to. Letters continued to come, changing from one debt collector to another over the last 2 years, then BW Legal and now Court Papers. I responded to once to each of the debt collectors stating the same facts. I have kept all correspondence.


I plan to respond to the court papers obviously but I haven't read any threads about my situation and I just wondered if it was worth defending? If yes, should I be using a certain template?


Thank you
Rebecca

Quentin

See the newbies FAQ thread near the top of the forum for advice and links to other sources of information on court claims. Send in acknowledgement of claim is the first thing to do

There is no template for defences. You need to construct your own.

Put it up here before you send it for comments

Grimble

I would ask that they state that the total collected added up to tickets given and was there any discrepancy not only for this day but any day.

beamerguy

rk4406 wrote: »

Hello,


Any help and advice appreciated please.


In 2015 (I will check definite date) I received a parking notice letter from Excel for £100 (again I will check this for def as it may have been £60) through the post to say I had overstayed my time.


I chose to pay £3.60 for 4 hours parking in Wakefield, 2 hours parking was something like £2.60.
I still had my ticket and it transpires that I had put my money into the machine, 10p had not registered/dropped through with out me knowing and so a ticket for 2 hours was given for the price of £3.50.


I responded to the letter at the time with evidence, an apology and offered to send the 10p to whoever it needed to go to. Letters continued to come, changing from one debt collector to another over the last 2 years, then BW Legal and now Court Papers. I responded to once to each of the debt collectors stating the same facts. I have kept all correspondence.


I plan to respond to the court papers obviously but I haven't read any threads about my situation and I just wondered if it was worth defending? If yes, should I be using a certain template?


Thank you
Rebecca

How do you know the coin dropped through ?? Did you hear it or maybe it did not register in the machine.

Did you check the ticket at the time for the amount.

Excel will reject anything and I am amazed they are still using BWLegal as the courts have seen just how incompetent BWLegal are.

One must assume that BWLegal can provide proof that the pay machine was/is working correctly.

And you can show the court that you tried to sort this out with Excel

Get some idea about how the courts handle BWLegal and Excel.
You can certainly get good ideas by reading this.

http://parking-prankster.blogspot.co.uk/search?q=bw+legal

So, the onus of proof is on BWLegal

salmosalaris

have you got a picture of the sign ?

rk4406

How do you know the coin dropped through ?? Did you hear it or maybe it did not register in the machine.

I don't really know if the coin dropped through, but I know that if I wanted 2 hours parking I wouldn't have put £3.50 (well I tried to put £3.60) in to the machine. If I wanted 2 hours I would have paid the £2.60 or whatever the amount was. So im understand what you are saying, it might not have registered and the machine may have been up, money wise? Or the machine may not have been working correctly? I will put that in their court to prove.

Did you check the ticket at the time for the amount.

I did not look at the ticket at the time, I assumed (wrongly) that I had obtained a 4 hour ticket for £3.60. My ticket says £3.50 paid for a 2 hour stay. Of course these things are made to trap us, of course they would issue a 2 hour ticket, letting me pay £3.50 instead of £2.60 for it!
Thanks

rk4406

The sign in the car park? No but I can drive back and take one, although 2 years later, things may have changed?

beamerguy

rk4406 wrote: »

How do you know the coin dropped through ?? Did you hear it or maybe it did not register in the machine.

I don't really know if the coin dropped through, but I know that if I wanted 2 hours parking I wouldn't have put £3.50 (well I tried to put £3.60) in to the machine. If I wanted 2 hours I would have paid the £2.60 or whatever the amount was. So im understand what you are saying, it might not have registered and the machine may have been up, money wise? Or the machine may not have been working correctly? I will put that in their court to prove.

Did you check the ticket at the time for the amount.

I did not look at the ticket at the time, I assumed (wrongly) that I had obtained a 4 hour ticket for £3.60. My ticket says £3.50 paid for a 2 hour stay. Of course these things are made to trap us, of course they would issue a 2 hour ticket, letting me pay £3.50 instead of £2.60 for it!
Thanks

The machine itself has a problem allowing it to print a ticket for 2 hrs at a price of £3.50.

I think you can prove that in all good faith that you paid the full amount of £3.60. Nobody would put in £3.50 and try to avoid 10p

Machines I have used will not print a ticket until the correct amount
is paid. I would imagine the same happens to a judge.

This means that BWLegal are taking you to court for a 10 pence error so what happened to the 90p that was overpaid for a 2 hr ticket.

BWLegal read this forum and one assumes that even they realise that this would be wasting courts time and they will end up with even more egg on their face.

rk4406

It is more than likely one of those 'no change given' machines but I will respond to the papers in the best way I can with the evidence.
Thanks

beamerguy

rk4406 wrote: »

It is more than likely one of those 'no change given' machines but I will respond to the papers in the best way I can with the evidence.
Thanks

Bear in mind that machines that do not give change means that you overpaid.
This does not take into account that you were robbed of 90p

Run through on this forum your defence first before you submit it.

rk4406

I will thank you