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What would you do?
Tallulah_Chicken
Posts: 63 Forumite
I'm in a bit of a dilemma. I've successfully fought unfair parking charges in the past (admittedly pre-POFA) with the help of this excellent forum. I recently received a NTK from BankPark in reference to an incident in which the driver of the car parked in one of their controlled car parks as they do everyday for work, properly displaying a ticket. It was a particularly wet and windy day and it appears that the ticket has flipped over at some point during the day, probably through strong winds blowing through the air vents. A windscreen notice was issued and (I have now discovered) lots of photos taken showing the ticket on the dashboard the wrong way up.
Once the NTK arrived I sent the template letter and added a paragraph to include a photo of the valid ticket. The ticket has a serial number printed front and back so it is clear in the photos that this is the ticket that was purchased, and not the driver using someone elses.
I have now received a reply from BankPark offering 'as a goodwill gesture' to cancel the notice on payment of a £10 fee to cover their costs. Here lies the dilemma - I am all ready to fight them through the courts (I even have a draft defence written!! :rotfl:) and I think I have a fairly solid case, but my husband thinks its not worth the aggravation, and that we should just pay the £10 and forget about it. For me it is more the principle of the matter, but I also know that knowing my luck the court papers will arrive at a time in the next 6 years when I haven't really got the time to deal with it. I have a busy professional job, and can see that I could easily be in a position where I can't take the time off work and wish I'd just stumped up the tenner. So what would you do? Feed the crooked scammers but live in peace knowing you don't have a potential court hearing lurking, or fight it out as a matter of principle? I fully accept that there is also a good chance that having dropped the charge to £10, they realise they have a very iffy case and may well just go away and forget about it if I don't pay.
Thanks in advance!
Tallulah
Once the NTK arrived I sent the template letter and added a paragraph to include a photo of the valid ticket. The ticket has a serial number printed front and back so it is clear in the photos that this is the ticket that was purchased, and not the driver using someone elses.
I have now received a reply from BankPark offering 'as a goodwill gesture' to cancel the notice on payment of a £10 fee to cover their costs. Here lies the dilemma - I am all ready to fight them through the courts (I even have a draft defence written!! :rotfl:) and I think I have a fairly solid case, but my husband thinks its not worth the aggravation, and that we should just pay the £10 and forget about it. For me it is more the principle of the matter, but I also know that knowing my luck the court papers will arrive at a time in the next 6 years when I haven't really got the time to deal with it. I have a busy professional job, and can see that I could easily be in a position where I can't take the time off work and wish I'd just stumped up the tenner. So what would you do? Feed the crooked scammers but live in peace knowing you don't have a potential court hearing lurking, or fight it out as a matter of principle? I fully accept that there is also a good chance that having dropped the charge to £10, they realise they have a very iffy case and may well just go away and forget about it if I don't pay.
Thanks in advance!
Tallulah
0
Comments
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You are the one to decide - you know the value of your time v £10 v your principles0
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I would fight it, ten pounds would pay for my next haircut. Was the offer marked "without prejudice"?
First the came for the socialists ...You never know how far you can go until you go too far.0 -
No 'without prejudice' headers. It will definitely be featuring in a new paragraph in my draft defence
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No point putting "WP" in a defence!0
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Well in all honesty if their website is to be believed I might just accept their offer:
http://www.bankpark.co.uk/0 -
I'm with fisherjim. Paying would sting for a while, mind.0
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£10 to cover their costs. Well, what are their "costs" ?0
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Offer them £5, as you suspect that easily covers their costs.0
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I would ask them if it would go to charity. If they say yes then I would seriously consider it.0
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