POPLA denied appeal

D_P_Dance

I don't particularly want to pay the 100, but I sure as shot don't want to pay even more if I go to court and lose. 


Imo you have a better than even chance of not losing. 

Coupon-mad

Making an offer without those words to stop it being referred to in court, can look like acceptance of liability.

Read the most recent discussion started by @bargepole where he lost a case last week due to the Defendant's ill-advised offer years before.

That's your cautionary tale to learn from and explains why we were a bit shocked that you didn't ask us first, or head it up with the vital words to stop the parking firm trying to use it in court.  They can use that now and you can't retract it.

The good thing is you clearly stated you were not admitting liability and were just trying to resolve the dispute but my advice is, stop making offers.  So what if it goes to court, that gives the resolution you want, one way or the other, with no CCJ risk or huge costs (as long as you follow our advice at all stages).

Khaggis

Coupon-mad said:

Making an offer without those words to stop it being referred to in court, can look like acceptance of liability.

Read the most recent discussion started by @bargepole where he lost a case last week due to the Defendant's ill-advised offer years before.

That's your cautionary tale ti learn from and explains why we were a bit shocked that you didn't ask us first, or head it up with the vital words to stop the parking firm trying to use it in court.  They can use that now and you can't retract it.

The good thing is you clearly stated you were not admitting liability and were just trying to resolve the dispute but my advice is, stop making offers.  So what if it goes to court, that gives the resolution you want, one way or the other, with no CCJ risk or huge costs (as long as you follow our advice at all stages).

Thank you, I was about to send another letter with the aforementioned title and make one last offer of the full day rate of the car park (£25) so you're saying you'd advise against that now then? What would you suggest that I do from here out then, just ignore them? I worry because as of the end of this month, I'll be out if the country for 5 weeks and if I get a court summons that quickly I wouldn't be able to attend. Another thing to note was when I spoke to my legal advice team I get through my union, she weren't super helpful but said did the carpark state a 10 minute grace period on the sign as that could go for or against me.

From reading @bargepole post, even if I go to court and lose, there's a chance the judge might lower the actual charge?

Redx

you wont get a summons and you wont be attending court for several months , courts are months behind, or years in some criminal cases, hence why Raab talked about the new super courts in Salford and Leamington Spa etc ? ( for criminal cases )

summons are for criminal offences, not civil matters

MCOL using the CCBC in Northampton is used for civil court claims

so yes you may get an N1 pack from the CCBC in Northampton through the post , which will need opening and acknowledging, all explained in the NEWBIES faq sticky thread in announcements

assuming that you complete the AOS and submit a defence, any court hearing will be next spring or summer

spurious costs are objected to in the defence template by coupon mad, so read it  ( you have a lot to learn )

Khaggis

Redx said:

you wont get a summons and you wont be attending court for several months , courts are months behind, or years in some criminal cases, hence why Raab talked about the new super courts in Salford and Leamington Spa etc ? ( for criminal cases )

summons are for criminal offences, not civil matters

MCOL using the CCBC in Northampton is used for civil court claims

so yes you may get an N1 pack from the CCBC in Northampton through the post , which will need opening and acknowledging, all explained in the NEWBIES faq sticky thread in announcements

assuming that you complete the AOS and submit a defence, any court hearing will be next spring or summer

spurious costs are objected to in the defence template by coupon mad, so read it  ( you have a lot to learn )

Thank you for this. What would you suggest I do now, ignore them and see if they call it or respond to them? Thank you so much for all the help.

Redx

normally I would say IGNORE them, let them try a court claim if they wish to, let a judge decide , where its win or lose, a gamble, but also an end to the saga

But because you have muddied the waters with an offer, after reading that court report by Bargepole recently, I have no idea what you should do so refuse to speculate on your case, because it didnt go well for the person who did what you have done, so why would I believe that you would fare better ?

I give out facts and opinions, not legal advice, we are not allowed to issue legal advice on here, that is for the qualified lawyers to do, meaning you usually pay for legal services, like the claimant

so to recap, I have no suggestions for you, it is your decision alone to make

pustit

Coupon-mad said:

I hope you headed that offer 'without prejudice, save as to costs'?

CM.  He also sent it recorded !   Then asks for advice retrospectively!   This is taking up a lot of contributor's time.

D_P_Dance

 even if I go to court and lose, there's a chance the judge might lower the actual charge?

Indeed, judges have been knowmn to award just one penny. 

https://en.wikipedia.org/wiki/Dering_v_Uris

Khaggis

pustit said:

Coupon-mad said:

I hope you headed that offer 'without prejudice, save as to costs'?

CM.  He also sent it recorded !   Then asks for advice retrospectively!   This is taking up a lot of contributor's time.

I can only apologise I know it's my !!!!!! up and me that ends up shafting myself in the end. I guess I'm new to this and didn't know what to do. Tried to take some initiative myself and I'm an idiot. Lol.

Coupon-mad

If you are at LBC stage why not respond and say you are seeking debt advice and ask for the mandatory pre-action protocol right of a '30 day hold' (just before you go away)?  That will put your mind at rest until they contact you again and you will be back.