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Stuart J
Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 20043
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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So should I ignore these letters that are warning me that they

Customer Question

So should I ignore these letters that are warning me that they will take me to court or should I make some sort of contact. If I do make contact can you advise me on what to say? Baring in mind the price has risen from £60 to £100 on both meaning the total for me to pay is £200 because I didnt pay within the time limit but I was out of the county at the time of the letters
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Stuart J replied 1 year ago.
the last thing I would do is ignore them.
Are you inclined to pay something at least? Even if it is the original amount?
the fact that you were out of the country is immaterial.
I can tell you how to make an offer that is likely to be accepted.
Customer: replied 1 year ago.

Ok, I was thinking if I had to pay I would try and get the price down and set up a payment plan as Im a student and cannot afford to pay it all.

Please go ahead...

Expert:  Stuart J replied 1 year ago.
Whilst I accept that you are a student, the way the court would look at it is that you are taxing the car and insuring it putting fuel in it and then the whole scale of things, this is de minimis. In addition, you admit that you went away for a month so the court would also view that is having enough money to go away. I am sorry to be so blunt with you.
If this went to court, I think it unlikely the court would accept a payment plan other than an extremely substantial one.
I think it unlikely that the parking company would accept one at all.
I would deal with each one individually perhaps a couple of weeks apart
In cases like this, I never suggest making an offer. I suggest sending a cheque. Armed with a cheque in the hand for some of the amount they want (the £60 on each), compared to an argument over the hundred pounds on each representing the whole of the amount, (and arguments that they may win or lose) the cheque in the hand is a pretty powerful incentive to accept it.
So consider deciding how much you would like to pay the (you need to make it attractive enough) and send it with a covering letter headed “without prejudice save as to costs”. That means that they cannot produce the letter in court as any proof that you admit owing them any money at all.
Tell them in the letter that you are offering this money in full and final settlement of all claims against you, past, present and future, and that by cashing it they accept it as such. Tell them that if they do not accept it, they should return the cheque to you and if they issue legal proceedings, you will defend them on the basis of A, B, C, whatever.
Do tell them that this is not your money (because you do not have it) and that it has come from someone else who has agreed to discharge the debt for you.
Tell them that if they do not understand the significance of the letter. They should take independent legal advice.
I can tell you this approach works nine times out of 10, provided the offer is reasonable and not derisory.
For legal reasons which I will not bore you with but which go back several hundred years, the cheque must not come from you, but was come from a third party, friend, relative, solicitor, our accountant, neighbour, girlfriend, wife, husband, whoever, just not from you.
Here is some rather heavy reading http://www.voltimum.co.uk/news/2312/cm/the-law----full-and-final-settlement-.html

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Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 20043
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and other UK Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

This helps alot. Thank you very much

Expert:  Stuart J replied 1 year ago.
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