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'Without prejudice' offer letter

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Comments

  • I have followed the advice on this thread and emailed ParkingEye, however I have not yet received a reply from them (just an automated response confirming the receipt of the email). The letter stated I have 30 days to contact them before court proceedings are issued and today is 30 days since the issue of LBCCC. Are they likely to now ignore the email and start the proceedings? Would it be safer for me to pay the full amount today and not risk having to pay the court fees since I am unlikely to win if the case does go to court?
  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I have followed the advice on this thread and emailed ParkingEye, however I have not yet received a reply from them (just an automated response confirming the receipt of the email). The letter stated I have 30 days to contact them before court proceedings are issued and today is 30 days since the issue of LBCCC. Are they likely to now ignore the email and start the proceedings? Would it be safer for me to pay the full amount today and not risk having to pay the court fees since I am unlikely to win if the case does go to court?

    But you've met the 30-day deadline to respond to them less than a couple of weeks ago. That deadline is therefore now irrelevant.

    You have to wait to see what PE's next move is. Which might be a cancellation (depending on what you've said to them - but unlikely), they may come back with a revised offer to settle (not unheard of, but I wouldn't build any expectation) or they will issue a MCOL Claim for £100 (original PCN) plus £25 (court claim filing fee) plus (£50 legal costs) - a pretty standard PE Claim amount.

    You have to decide what your best move is, based on how good you feel your defence can be worked up.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • Coupon-mad
    Coupon-mad Posts: 152,835 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You could forward the email at them again stating that, due to the pre-action protocols for debt claims, as you have responded to the LBCCC you reasonably consider the proposed claim must now be on hold whilst they are considering your email (below).

    As such, you await their response and any claim would be premature.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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