Excel MCOL defence advice

Gonzalez761

Hi all,

I have now received a letter saying ELMS will no longer be representing Excel and that Excel will accept a reduced amount in an attempt to settle before it goes to a hearing.

The amount is still way too high but I’m wondering if I should show willing and offer £15? This is what BPA members charge for keying errors and I think this is a fair amount to cover their admin costs.

Thanks again for everyone’s help so far, much appreciated.

Gonzalez761

I have also realised that I did not actually receive an LBC from Excel.

I got a Final Demand from Excel then a 'Notification of Instruction' from ELMS which said 'our Client sent you a Letter Before Claim which was compliant with the Pre-Action Protocol for Debt Claims.' I assumed the Final Demand was the LBC but I clearly misunderstood. Following that I got the Claim Form from CCBC.

Is it worth pursuing this in any way or am I now too far down the line? 

Coupon-mad

That is certainly worth mentioning in your witness statement and stating that this means the Claimant completely failed to meet the pre-action protocol cor debt claims, denying you a fair opportunity to narrow the issues and avoid court entirely.

If you know this was a major keying error you could reasonably offer £15, citing the BPA CoP.  Or offer nothing, citing the new statutory CoP that is about to replace the two self-serving Codes run by the Trade Bodies, that says in the most recently published (as part of a public consultation in August) draft Appeals Charter, that the PCN should be cancelled in the case of a keying error.

Gonzalez761

Thank you, I will make sure I include that in my witness statement.

In the meantime, I have drafted the following response to their offer. Any feedback would be much appreciated.

WITHOUT PREJUDICE

 

Your Ref: XXXXXXXX

 

Dear Sir,

 

                I write further to your letter dated XXXXXXXX in which you offered to accept a reduced amount of £XXXXX in full and final settlement of your claim.

 

I reject your offer. However, in an attempt to resolve this claim I would like to make Excel Parking Services Limited an offer of £15.00 on a “without prejudice” (save as to costs) basis in full and final settlement of this claim.

 

Whilst I note you are not BPA members, in similar cases where a ‘major keying error’ has been made, the BPA Code of Practice sets a maximum charge of £15 to cover the parking company’s administration costs. As such, I feel this is a fair and reasonable offer.

 

Should you accept this offer as full and final settlement of this matter please confirm your acceptance in writing within 14 days from the date of this letter. I will then transfer £15.00 to the account detailed in your letter.

 

Upon receipt of £15.00 you will provide me with written confirmation that you have received payment, that you consider this matter closed and that no further action of any kind will be brought against me in relation to the alleged breach of contract on XXXXXXXXXX.

 

Should you fail to accept my offer of settlement then I will continue to defend the full amount of your Claim and bring this letter to the Courts’ attention upon the question of costs.

D_P_Dance

I would not pay them even one penny to go away.  You can buty a couple of bottles od half decent Rioja for that.  

Gonzalez761

Deleted.  

Coupon-mad

Change 'not a BPA member' to ' no longer a BPA member'.

Don't tip them off about the PCN time being provably incorrect.

Gonzalez761

Thanks, will edit previous post.

Gonzalez761

Have now received notice from ELMS that they want to proceed with the claim but it’s dated 2 days after the notice that ELMS are no longer representing?

D_P_Dance

Write asking for claricaion.