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ukdeveloper
So I got a ticket whilst parked in a hospital car park.

In the hurry of getting to my appointment, id inadvertently entered the wrong parking code. 84284 instead of 84254.

Went to Popla, and my appeal was unsuccessful (probably my fault for not putting a correct defence i admit).

Yesterday, i received a Claim Form from PE relating to the above. Is there anything I can do or just pay out the £175 they're asking. Technically PE "DID" get my money as the code i entered was a valid PE code, just for a different car park somewhere else.

I appreciate you may need to see paperwork, so feel free to ask, ive just never got to this stage with a PPC before, and am a little worried.

Cheers

UKD
Eljayjay
If you have not already done so, try approaching PALS - short, I think, for Patients Advice and Liaison Service - at the hospital to see if they can get the ticket cancelled.
ukdeveloper
Ok i sure will. Thank you.

UKD.
Jlc
PALS won’t help at claim stage.

PE don’t receive any of the tariff which is why they are dead keen to sue (on a technicality). Personally, there’s not a huge risk in taking this all the way to a hearing. There’s a chance that the judge will agree the tariff was paid and they are not entitled to such a large amount.

The charge is supposed to prevent breach (primarily for those avoiding payment) - an minor ‘error’ seems to be a penalty to me not saved by Beavis.

If it goes as far as a hearing then they’ll have to hire someone to attend which takes a large slice out of their winnings if they do... alternatively, you could try negotiating a lower figure if you don’t want to attend court. (They are aware of the financial situation). £50 of the claim is fanciful as they have not incurred it. They’ve had to pay £25 for the claim though.
ukdeveloper
QUOTE (Jlc @ Sun, 17 Jun 2018 - 16:27) *
PALS won’t help at claim stage.

PE don’t receive any of the tariff which is why they are dead keen to sue (on a technicality). Personally, there’s not a huge risk in taking this all the way to a hearing. There’s a chance that the judge will agree the tariff was paid and they are not entitled to such a large amount.

The charge is supposed to prevent breach (primarily for those avoiding payment) - an minor ‘error’ seems to be a penalty to me not saved by Beavis.

If it goes as far as a hearing then they’ll have to hire someone to attend which takes a large slice out of their winnings if they do... alternatively, you could try negotiating a lower figure if you don’t want to attend court. (They are aware of the financial situation). £50 of the claim is fanciful as they have not incurred it. They’ve had to pay £25 for the claim though.


ok, thanks.

By negotiating, do you mean i should just email them and put it to them? and should i cite the fact that a court may look favourably on me because of what you've stated? and the fact it will be expensive for them?

Do i need to do anything in the meantime re the Claim Form?

UKD
Redivi
You must follow the instructions to acknowledge service
Otherwise you hand ParkingEye a default judgment for the full amount

I would wait a few weeks before entering into any negotiation
Put in a strong defence that will give ParkingEye a reason to be less than confident of a win

Make sure that any offer is marked "Without prejudice save to costs"
ukdeveloper
QUOTE (Redivi @ Sun, 17 Jun 2018 - 18:51) *
You must follow the instructions to acknowledge service
Otherwise you hand ParkingEye a default judgment for the full amount

I would wait a few weeks before entering into any negotiation
Put in a strong defence that will give ParkingEye a reason to be less than confident of a win

Make sure that any offer is marked "Without prejudice save to costs"


ok as this is the first time ive done this im not sure of what info i should "give out". so i acknowledge service, then wait a while and put in a defence that i paid albeit put in the wrong code, therefore not trying to "get away with not paying", but i do that in a few weeks time?

UKD
Redivi
Read the instructions that came with the claim form very carefully
They will tell you the deadlines to acknowledge service and submit the defence

Your defence needs a lot more than that point so post up a draft at least a week before it needs to be sent

I have a feeling it will need a lot of refining
ukdeveloper
Thanks so much for your advice. So the way i see the timeline is as follows"

Issue Date: 14TH JUNE 2018
Date of service therefore: 19th JUNE 2018

I need to file acknowledgment of service within 14 days being: 3RD JULY 2018 and my defence within 28 days being: 17th JULY 2018

Is that correct?

And also do i send the offer of £50 to PE or to the court? and do i do it now? or in my defence?

Thanks

UKD
nosferatu1001
Yes that timeline looks correct
Of course you dont send it to the court. Until any hearing the court doesnt really look at anything. Ditto it being in your defence

Your offer of £50 must be sent "WITHOUT PREJUDICE SAVE AS TO COSTS" in a seperate letter. That way neither PE nor you can refer to except EXCEPT once the case is decided and costs are being discussed.
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