Stupidly ignored parking charge notice- hearing today update

Redx

I do not believe you have a strong defence, especially due to ignoring this from the first PCN until now , they didn't get paid , period

You should write a without prejudice letter and make an offer to settle at a price you consider reasonable allowing both parties to walk away , paying for the mistakes and allowing PP a profit and vindication

I don't normally say this , but here I am in agreement with them due to providing a service and not being paid

I liken it to paying for bed and breakfast with a card with no funds or a cheque that bounces , even if you were unaware that the bill wasn't paid at the time , ignoring subsequent letters hasn't helped

The default fare on a London bus can be something like ten times the daily fare , so those with an invalid ticket are charged significantly more , especially if they fail to appeal it promptly, even more so if it goes to court

Make a without prejudice offer , asap , in writing , to PP themselves

Cbay27

Thanks so an actual letter rather than an email, I’m guessing they’re more likely to settle at £100 rather than £60

Redx

It's your choice , try email , if they fail to respond , send a letter , the point is not to phone , do it in writing , even if it's by email , copy your own email address into the destination box as well as theirs , for proof of delivery and your own copy , so not just your sent folder

Cbay27

Should I also contact pp legal?

Redx

I would be sending it to both , just to be sure , it's probably the same desk anyway

Cbay27

Thanks so much for your help, I've been searching the site to try and find a template for writing the offer and haven't found much. This is what I have come up with if you have a chance to give me any tips that would be great. Its just the text part rather than the whole letter.




Regarding the Parking Charge Notice referenced above I would like to put forward a without prejudice offer. I was under the impression that I had paid for parking that day as I had called Ring Go to pay for the parking. It has just come to my attention that in fact the payment did not go through as I orginally intended. I feel that the outstanding amount of £170 is unreasonable bearing in mind the parking duration was 3 hours 40 minutes. I would like to offer to pay £60 as per the original notice as this covers the unpaid parking and any administration costs on your part.


I look forward to hearing your response.

Cbay27

I have just found this would it be worth including it?


Your letter requests a fine of £xxx - a fine is illegal under UK law.
If you are claiming that there is a contract between the driver of the vehicle and yourselves then I must point out the provisions of the the The Unfair Terms in Consumer Contracts Regulations 1999 which specifically provides under paragraph 5 (1) "A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer"
The effect of these provisions means that if there was a contract, which is in dispute, then you are only entitled to payment of an amount which accurately reflects the loss of income you may have suffered arising from that alleged contract.

nosferatu1001

When you say you "just" found it, you found it on a dud thread years ago. The UTCCR got replaced by the CRA in 2015, four years ago.

Redx

Try searching the forum , changing to view posts , using the key words

Without prejudice

As mentioned above , the CRA came in 4 years ago

Cbay27

I have done that but I have limited time before my twins wake up and I want to get this sorted ! I really do appreciate your help. Does what I have written sound ok? I came across the above on appeal now.com not knowing it was out of date I will look up CRA now