Help! PCN received and letters from solicitor

[Deleted User]

Their letter said they are unable to accept my offer without prejudice basis. which mean they didnt not speak to their clients about my proposed payment.

No, no it doesn't. It means they didn't want to take the payment without prejudice to you (i.e. the ability to recover bolt-ons and court costs). They are required to communicate all settlement offers to their client.

No need to send a cheque. If you plan to pay, make the same offer of £100 and point out that they are not entitled to enhance the maximum level of PCN.

Debt recovery plus work on a no win no fee basis:
http://www.crydrpdev.co.uk/pcn-collection/
As such any claim for DRP charges (which appears to be where bolt-on costs magically appear) would appear to be in breach of the indemnity principle - seeking legal or other costs never incurred.

THAT SAID... With a bit more work, you may be able to defend the entire claim. Your call.

The_Deep

If they took this to court they need their bumps felt If they win it is going to cost them about £100, if they lose, it will cost them about £300. If a judge considers they have been unreasonable, a bit more.

DoubleTee

Thanks Johnersh!

I will write a new letter and not send a new cheque.

how can i prove that they are not entitled to enhance the maximum level of PCN...
are they not going to claim it is their debt recovery fee?

[Deleted User]

Several reasons:

1. click on the link above and read the text. If the debt collectors are no win/no fee and you haven't paid them, then they cannot charge a fee...So why is the claimant able to charge one?

* Lawyers fees cannot be recoverable, so those are out.
* In order to claim admin time, one might want an hourly rate breakdown (and they won't supply one).
* The signage is the contract - that invariably does not specify additional fees.

IPC and BPA guidance refers to a maximum basic parking charge of £100, so one might expect the fees applicable in the event of a loss to be the parking charge + court fees only.