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IAS APPEAL....feedback appreciated

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Comments

  • Southernsoftie_jo
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    Thanks for your thoughts, can you explain why accepting the offer is a bad move? At the end of the day I want to avoid court if at all possible and see this offer as a valid option to walk away from this, am I wrong and if so why?

    Thanks!
  • Southernsoftie_jo
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    I’ve thought about it - do you mean they are probably about to discontinue, but this is their way of discontinuing while ensuring they can’t be chased for my costs?

    I think I understand but I am curious if I’m missing anything!
  • Redx
    Redx Posts: 38,084 Forumite
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    Correct , it's a last gasp attempt at extortion whilst also stopping you claiming costs of turning the hearing into a wasted costs hearing in your favour
  • Southernsoftie_jo
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    Ok thanks, as I thought.

    So given that I don’t want to actually go to court (I don’t believe any costs awarded to me will actually meet the cost/hassle/disruption caused by attending court) it seems reasonable to me to accept?

    I really would like to put this behind me!
  • Coupon-mad
    Coupon-mad Posts: 132,529 Forumite
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    edited 20 September 2019 at 9:09AM
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    We are saying we think they will discontinue, in our experience. If you are on tenterhooks why not email Gs and press them, and say this:

    Thankyou for your WP offer, which is declined.

    On the basis that I have asked the court to consider striking this case out on grounds of your late payment, and because you have failed to supply any witness statement or evidence to myself/the Court, I would prefer to allow to hearing to proceed and claim my costs. I will certainly not be settling with your client.

    In the interests of resolving the matter without cost and so I can rearrange my plans, I will accept a discontinuance from yourselves up until (and no later than) 4pm on Monday 23rd September.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Southernsoftie_jo
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    Thank you I really do appreciate your help.

    Can you explain the difference between accepting their present offer and your suggestion above, of accepting their discontinuance?
  • Coupon-mad
    Coupon-mad Posts: 132,529 Forumite
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    Oh, sorry ignore me!

    They offered to discontinue, effectively, as they asked for no money. I was getting confused with another case where they wanted money!

    I would accept that and walk away!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Southernsoftie_jo
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    Oh ok I’m relieved! Haha, sorry this must be confusing for you all too!

    My other thought is this

    Is there any possibility that they would bring this claim against me again in the future?

    I’m thinking to accept the offer with the terms that they never bother me again

    ??
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 20 September 2019 at 9:21AM
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    Why not ask for a bit more, say £250, they will still be saving money.

    Nine times out of ten these tickets are scams so consider complaining to your MP.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 132,529 Forumite
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    Oh ok I’m relieved! Haha, sorry this must be confusing for you all too!

    My other thought is this

    Is there any possibility that they would bring this claim against me again in the future?

    I’m thinking to accept the offer with the terms that they never bother me again
    They can't. You are safe! Google res judicata
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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