BW LEGAL offered without prejudice offer on PCN - help for next steps.

kk1223

Hello, I am looking for some advice on what to do just before I start preparing my documents for court. 

Background..  I have a PCN from 2018 with Car Park Management Services (CPMS) which BW LEGAL have now taken me to small claims court.   I have navigated and followed my way through the advice on the newbies thread by Coupon-mad / bargepole (thank you) so far without needing any additional help or posting on here, but now I am unsure what to respond to BW Legal before my court date as they have contacted me with a without prejudice offer.

My defence was taken from the template which was in the newbies post and I edited it my situation as per instructions: 

The Defendant was a visitor to the XXX CAR PARK. The Defendant attended an event which hosted at the XXX owned by XXX. The Defendant was told by reception at to park in the in the signposted visitor car park . The Defendant was not issued with any pass or permit to display. The Defendant was not informed of any other parking process by reception and the Defendant did not see any signs that state any other parking process to register their vehicle. The Defendant was issued a Parking Charge Notice from the Claimant stating, ‘No Permit Displayed’. The Defendant is not a resident at XXX  they do not have an allocated permit hence why the Defendant parked in the allocated visitor car park. The Defendant is denying accepting any contract with the Claimant which occurred on XXX  2018 in the private car park/land at XXX

I am now at the point where I received my notice of allocation, the court date is in April and I am required so submit my witness statement and other documents that I intent to rely on in the next ten days or so.   I am going to expand on the points in my defence and attach photos / emails  / proof I work for the company to try and strengthen it.  (I plan on preparing this the weekend).

However, today I received a phone call followed by email from BW Legal offering that their client has given me an option to settle outside of court and asked if I was prepared to give them an offer.  I said no but please ask you client to suggest an offer and I will make a decision whether to accept or proceed with court hearing.  I have until Monday to respond.

The outstanding balance is £251.  The letter reads…

My client has confirmed that, on a strictly without prejudice basis, that they would be willing to accept payment in the sum of £180.00 in full and final settlement of their claim. If you are agreeable to this, my client would agree to write off the remaining balance and upon receipt of the payment in cleared funds, update the Court to confirm the claim has been settled. If you would like to accept this payment offer, please either contact our office to make payment, or alternatively use the details below….

Should I accept this offer or if not, how do I respond to this letter?

Thank you. 

KeithP

Hello and welcome. Well done on getting this far without our help.

I wouldn't even bother replying to that letter. You will have seen that that offer is probably no less than you would be expected to pay if you were to lose in Court. You are planning on winning.

Can you get a Witness Statement from the host of the event you were attending - one which confirms that you had permission to park there and that there would be no change for parking?

Umkomaas

There are a couple of CPMS operating across the country. Are you dealing with the one based in Bristol or the one in Sheffield?  

kk1223

@Umkomaas - It is the one in Manchester.  
Thanks @KeithP -- I'm not sure I will be able to get a witness statement from them as it's from 2018 and the staff have changed.  Incidentally, I now know there is a process at reception that you need to log your car registration with them, they put it on their system and you don't get a parking fine.  (I've parked there multiple times after for other various events and not got tickets). -- maybe I could get proof of that but not sure whether that would support my case?

beamerguy

The claim amount is fake anyway ...... the normal fake £60 has been added.
This type of contact normally means that know they will not win and is a last ditch try on before they discontinue.  

LOGIC ...... A judge will probably not allow the fake add-on and any interest they have added.

Every chance the case would be dismissed anyway and you can claim your costs

You have told them NO ..... there is the option of a drop hands offer .... they drop the case and claim and you will not claim costs against them.

Let's face it, they are trying on abuse of process again ??

Umkomaas

@Umkomaas - It is the one in Manchester

Do you have their full business name, address and business reference number please?

kk1223

@beamerguy: Thank you -- do you think it is worth putting a drop hands offer back to BW Legal and see what they say?  BW Legal have until the end of March to pay the £25 trial fee and I have to submit my documents to BW Legal and the court 10 days prior to this? 

beamerguy

kk1223 said:

@beamerguy: Thank you -- do you think it is worth putting a drop hands offer back to BW Legal and see what they say?  BW Legal have until the end of March to pay the £25 trial fee and I have to submit my documents to BW Legal and the court 10 days prior to this? 

Yes ..... they then know where they stand and will save them £25 and all their other costs.
It's cost them money already which they will not recover.
Give them until monday to respond

kk1223

Umkomaas said:

@Umkomaas - It is the one in Manchester

Do you have their full business name, address and business reference number please?

I've just double checked on the claim form:  Car Park Management Services (CPMS) Ltd, The Bristol Office. 
Does that make any difference?  Where will I find the business reference number? 

Umkomaas

kk1223 said:

Umkomaas said:

@Umkomaas - It is the one in Manchester

Do you have their full business name, address and business reference number please?

I've just double checked on the claim form:  Car Park Management Services (CPMS) Ltd, The Bristol Office. 
Does that make any difference?  Where will I find the business reference number? 

Don't worry about providing the Bristol company's number. It's just when you replied that it was a Manchester-based company (we do need accuracy, otherwise we go off on wild goose chases) warning bells rang because there was a CPMS based there which made some changes to the status of the ownership/business, then dissolved. The business number would have helped narrow the focus.

kk1223

Umkomaas said:

kk1223 said:

Umkomaas said:

@Umkomaas - It is the one in Manchester

Do you have their full business name, address and business reference number please?

I've just double checked on the claim form:  Car Park Management Services (CPMS) Ltd, The Bristol Office. 
Does that make any difference?  Where will I find the business reference number? 

Don't worry about providing the Bristol company's number. It's just when you replied that it was a Manchester-based company (we do need accuracy, otherwise we go off on wild goose chases) warning bells rang because there was a CPMS based there which made some changes to the status of the ownership/business, then dissolved. The business number would have helped narrow the focus.

On the PCN it says: Car Park Management Services (cpms)ltd Dept 142, 19 Lever Street, Manchester, M1 2AN
but at the bottom of the PCN: Car Park Management Services (CPMS) Ltd 9091690 Registered in England and Wales 2nd Floor, 5 High Street, West Bury-On-Tryn, Bristol, BS9 3BY