Ok my bad ok how do i argue my case so i pay what i was meant to be offered which was the orginal £60 if the appeal was unsuccessful ?
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Originally posted by Mav68 View PostOk my bad ok how do i argue my case so i pay what i was meant to be offered which was the orginal £60 if the appeal was unsuccessful ?
Use that in mediation to negotiate an ex gratia payment.....don't admit to anything, just say that to save any further hassle you are prepared to give them £X if they go away & leave you alone.
How much £X would be is entirely up to you.
Mediation is 'without prejudice'....so they can't use any negotiations in court as an admission, especially ex gratia offers.CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John Sedgwick
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I was only going to offer the original amount i was entitled to pay had they informed me in writing about the out come if my appeal but the mediation people would probably say im being unreasonable which is not the case it’s actually the parking firm being unreasonable because they never informed me of the out come then the only sent me a threatening letter to pay them £160 , and also got qdr to chase me as well while applying to take me to court so who’s being unreasonable now .
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In all probability, the 'original' £60 payment was a discretionary discounted amount for early payment.
The actual contractual amount is whatever was displayed on the site signage. (& that may include 'extras', depending on the terms displayed.)
This is just general observation....each case will turn on it's own particular facts, which is why sight of the terms & conditions on the site signs which were displayed at the time of the alleged contravention is important.CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John Sedgwick
Comment
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Originally posted by Mav68 View PostIf said in the letter that if my appeal was unsuccessful i still had the option to pay the £60 if paid within 14 ddays how was i able to know if they never wrote to me to tell me the outcome
My postal deliveries sometimes go astray.
If they can prove that it was sent to you, you would need to prove that it was not delivered.
(Interpretation Act 1978 s7)CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John Sedgwick
Comment
-
You seem fixated on your perceived right to pay the reduced (£60) fee.......60% of the original contractual fee of £100.
But they are now claiming further contractual add-ons, & are chasing for £160 + costs?
But if you can show that this is railway land & bye laws govern parking issues, with a bit of luck you'll pay nothing at all.
Have you made enquiries re the bye law issue?Last edited by charitynjw; 5th July 2019, 07:16:AM.CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John Sedgwick
Comment
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