Claim Submission Form Received - Acknowledgement filed...now to prepare the defence

Le_Kirk

gbbe said:

Okay so I received 'the offer' from the claimant (as expected) wanting to settle before court. They've offered £125 which is £35 less than their claim in court. They also threaten, if I don't accept their 'offer' they will use this letter to seek 'costs'.

What a ridiculous offer! It equates to the original £100 parking charge + £25 filing fee.  If you agree to pay it and they discontinue, they don't need to pay the hearing fee, so they are up £100.  You could write back with a counter offer of £ZERO.

D_P_Dance

They also threaten, if I don't accept their 'offer' they will use this letter to seek 'costs'.

They have to win first 

gbbe

Le_Kirk said:
What a ridiculous offer! It equates to the original £100 parking charge + £25 filing fee.  If you agree to pay it and they discontinue, they don't need to pay the hearing fee, so they are up £100.  You could write back with a counter offer of £ZERO.

I have seen a response template online from an offer someone was sent 11 days before the hearing, saying they will settle for nothing less than unconditional withdrawal and would also seek a settlement to cover costs so I think I may respond with this.

I'm guessing Excel have sent this 'offer'so early on as they can't be bothered to compile a witness statement

gbbe

Can someone please help, I’m getting myself a little tangled in POFA and if Excel have complied. So there was no notice to driver, no ticket on the car or anything like that. The first anyone knew about the PCN was when the PCN was issued 18 days after the parking event and a letter was sent to me in the post. At this stage I have no idea if it was a NTK (it was in 2015) but I'm guessing it was. 

If no notice to driver was sent and only a NTK I thought had to be issued within 14 days? 

Am I right then in saying they are not POFA compliant?

KeithP

A NtK has to be received by the keeper within fourteen days of the parking event if the PPC wants to successfully transfer the driver's liability to the keeper.

If, as you say, the Notice to Keeper was issued eighteen days after the event, then they cannot use the Protection of Freedoms Act to transfer the driver's liability to the keeper.

I've not re-read the rest of your thread to see how that fits. I'll leave that to you.

But don't for one minute think that will stop them hounding the keeper. It won't.

nosferatu1001

Did they send the offer 
Without prejudice 
OR
WP save as to costs?
If the former it cannot be shown ever 
If the latter it can only be shown after seeing who wins.
18 days is TOO LATE for POFA2012 compliance. Sched 4 para 9. ywa it was the NtK. It must be, by defrinition, as they have no idea who the driver is to write to....
Excel still arent compliant so werent at that point in time, for sure. There will be OTHER issues witht he actual doc as well. 

Umkomaas

Have you sent a SAR yet (I've not ploughed back through the thread)?  This should elicit all the documentation they have sent. That way you can check whether their PoFA ducks are all in a row to hold the keeper liable. 

gbbe

nosferatu1001 said:

Did they send the offer 
Without prejudice 
OR
WP save as to costs?
If the former it cannot be shown ever 
If the latter it can only be shown after seeing who wins.

 The letter says 'this offer is made without prejudice basis.' then goes onto say 'should you fail to accept our offer we will continue with our claim for full amount claimed and bring this letter to the courts attention upon the question of cost'.

Thanks for the help on pofa too and thanks
@KeithP That alone is enough to stop this claim in its tracks isn't it. as they also can't prove I was the driver 

nosferatu1001

They cannot do so. If it states "WP" it CANNOT BVE SHOWN IN COURT. 

It may not stop the claim in its tracks, read up. Sometimes courts seem to not care

KeithP

@KeithP That alone is enough to stop this claim in its tracks isn't it. as they also can't prove I was the driver 

As I said...

But don't for one minute think that will stop them hounding the keeper. It won't.

Don't rely on that one point.