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parking fine gone to court

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Comments

  • Abzg2k19
    Abzg2k19 Posts: 134 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    The nearest one that is showing is the 30mins away for civil claims so that will have to do
  • Abzg2k19
    Abzg2k19 Posts: 134 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    One last question about the DQ on d1 it says where do u want hearing and why do i have to put why?

    Shall my mum upload the DQ and send it to the same website as she sent the defence or would it be okay to just post it
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Surely the answer to D1 is "because it is my local court", or something similar.

    When complete your DQ can be returned to the CCBC in the same manner and to the same email address that you sent the Defence. Refresh your memory on that by re-reading post #5 above.

    Remember to send a copy to the Claimant - address on the Claim Form.
  • Abzg2k19
    Abzg2k19 Posts: 134 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    My mother has sent the DQ the same way she sent the the defence but it doesn't show on mcol they have received it, it has been 2 days since i sent it and the deadline is 9th December so shall she sent it via post aswell, she did receive a automated email to say they have received what she have sent them put its not showing on mcol.
    My mother has also sent it to CEL via email and post.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Abzg2k19 wrote: »
    My mother has sent the DQ the same way she sent the the defence but it doesn't show on mcol they have received it, it has been 2 days since i sent it and the deadline is 9th December so shall she sent it via post aswell, she did receive a automated email to say they have received what she have sent them put its not showing on mcol.
    She has the automated receipt. That is good enough. Keep hold of it though.

    The CCBC are often behind with their paperwork. MCOL will eventually be updated correctly.

    Nothing to worry about.
  • Abzg2k19
    Abzg2k19 Posts: 134 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    My mother has recieved the following letter from CEL
    It states
    We refer to ur letter dated 23 October 2019
    Please note disabled drivers not being exempt from t and c of parking additionally u have failed to provide with the driver details as the rk of vehicle
    However in line with the new bpa guidance on cases where individuals receive parking charges notices in circumstances where the pcn has been properly issued,but where the attendance at the medical centre for an appointment was subsequently confirmed, we are able to offer a significantly reduced sum to cover our basic cost of printing, postage, administration costs and data retrieval from the dvla.

    In circumstances we can accept the sum of 50 quid in full and final settlement of the claim if this sum is paid within 21 days. We hope you find this is mutually acceptable conclusion to your matter and we look forward to your response at your earliest convenience.
  • Abzg2k19
    Abzg2k19 Posts: 134 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Obviously shes not going to pay but any advice what to respond with i was thinking about asking them what about my cost i spent at least £30 printing and posting so i would like that back aswell.
    Thanks
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    so now the question is , does she pay £50 promptly to settle the claim , or go to court and hopefully win in court and pay nothing , or lose in court and pay around £200

    what are your thoughts and her thoughts on those 3 options ?


    she can make a counter offer without prejudice save as to costs , stating a drop hands offer where both parties walk away and bear their own costs (for example)
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 20 December 2019 at 6:22PM
    As Redx says ..... she can make a counter offer without prejudice save as to costs , stating a drop hands offer where both parties walk away and bear their own costs (for example)

    OR, you could advise them that their abuse of process attempt will be challenged in front of a judge and you will claim up £95 in costs against them. A drop hands offer for this will mean they discontinue and pay you £95.

    It will cost them a lot more taking you to to court

    Bear in mind as they are quoting the BPA code of practice which is not the law and nothing to do with the motorist.

    Choices choices ...... CEL has not got the best reputation in court and the last thing they want is to be struck out in court for Abuse

    Ever play poker ???? instead of bluffing your hand, you are telling them up front what your hand is ...... will they call you out .... doubt it
  • Abzg2k19
    Abzg2k19 Posts: 134 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    She is willing to pay but £50 is still a bit high especially as she has been paying for her own postage and printing. she sent all letters 1st class sign for since we got the pcn.
    i think we try a drop hands offer as they have harassed us for over a year now and they were just money greedy as they could have replied with that letter from the start wen i first sent them the appointment letter. I think they no they gna lose because wen i sent them the DQ questionnaire i also sent them a photocopied letter of the appointment but they reacted now to the appointment letter 1st time they just through it out the window.
    Any advice on how to start the letter?
    I'm willing to pay even if i lose in court as long as it be less then 260 i owe them right now but don't think its right to harass people like they do.
    Thanks
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