PE Machine didnt recognized carplates - fine issued

VoyagerRaf

I got a Notice to Proceed from Parkingeye and response to my defence.

 In their answer to my defence they described how their machine work and claim that in case like mine (carplates not recognized) the machine invites to enter time of the arrival. I had clearly described in the defence that the machine did not allowed me to input the past time and I tried numerous times. I guess I will have to repeat that fact during a mediation/court hearing.

They also stated I might have paid using the paybyphone and they attached print of appearantly info on their board. I totally can't remember if such info was on their board at that time but the kiosk definitely did not informed about such option. Moreover the application paybyphone does not allow to charge for past time (to enter past entry time).

Then, in regards to £25 added to their charge without justification, they replied that in the Letter Before County Court Claim (which I have not received but they claimed they sent it attaching its copy to this current notice to proceed letter with tones of other scans and prinitng of their parking layouts and signs) it states: "Under the British Parking Association Code of Practice, where a debt remians outstanding, we are entilted to add up to £70 to cover the cost of recovering a debt. An additional fee £25 is now due. We therefore submit that we are entilted to recover the cost and this was outlined to the Defendant in the correspondence sent to their address."

Obviosly they used the fact there was no correspondence from me during 28 days and they ignored my response I had submit with clarification directly on their website on the form provided. 

They also said in the Notice to Proceed I should not submit any further defence points but  if I do, they all need to be responded by Claimant. They remind me if I want to amend the defence I will need to submit N244 form and pay the relevant fee. Otherwise, if not approved by the court, they are not going to answer to such (they cited CPR 17.1 and CPR 15.9) . I am not planning to amend mine but thought it's worth mentioning it here in case.

So to sum up, it's all going on to the mediation interview now I assume. No idea what the planned outcome of the mediation might be from their side. Any thoughts, please let me know. Thank you.

Fruitcake

Mediation goes like this.

PE: Pay us the full amount.
You: No
PE: Pay us a bit less but still more than the original PCN amount
You: No

End of mediation.

PPCs hope to intimidate the motorist into paying, which is why they want to try mediation.
Be warned that some mediators think the PPC is a fine, upstanding, professional, and honest business trying to make ends meet, whereas the mediators sometimes think the motorist is trying to bilk payment.
Don't be surprised if the mediator tries to persuade you to pay.

VoyagerRaf

@Coupon-mad would you have a look at my latest post above, they said they had a right to add £25 to the due amount..

Gr1pr

They can say what they like, but what actually matters happens in the hearing on the day 

They can ask you to provider cream teas and prosecco for everyone in the court room, plus cheerleaders outside for the eventual winner at the after party, I doubt that you will be providing their Diva requests and the judge won't either 

Fruitcake

They have the right to add court permitted costs, for example the filing fee and the hearing fee. They can make up any other charges they fantasise about in their dreams, but only a judge can allow them. 

Coupon-mad

VoyagerRaf said:

@Coupon-mad would you have a look at my latest post above, they said they had a right to add £25 to the due amount..

I was away in July.

Show us the defence you put in but not the whole template ending please.

Also show us a t&cs sign from the place.  Does it include a right to add £25?