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PN win or not?
I used a PN for a parking fine for BCC (Bris City Council).
I got a letter in the post back saying no further action required until you hear from us. Yay win!
But then a week later I get an email saying the BCC is not withdrawing the fine and I can go to court if I want. It doesn’t say anything about the PN being accepted as payment, so I will assume that the PN note has been accepted by using the maxim of equity = takes as done that which ought to have been done
My plan is to accept the written letter as a win and ignore the email as in my opinion it is not a proper form of correspondence also the email only says info about how the fine is legal (correct) and the email does not mention anything about the PN (also correct)
Thoughts anyone?
Should I rebut the email? Or just ignore it as a fishing expedition to get me to re-contract.
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9 Replies
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Did you state in the letter to them that the only form of acceptable response was by registered mail? You may have to do a three step Notice with affidavit to create a new contract with them (if you haven’t already done so) so if they try to haul you into court you will have evidence of their agreement that the fine is discharged.
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Thanks 🙏
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Hello Buz.
Without having viewed the correspondence my general suggestion is to not go silent. I have helped a few people with similar matters and our first letter and payment instrument was always dismissed.
We then followed up with the ‘Isn’t it true…’ letter and the matter went away.
Isn’t it true that you accepted… Isn’t it true you retained… isn’t it true that according to S93 and 50 of the BOE act your failure to attend discharges the liability… Please update you record. Isn’t it true that it is you that is in default.
I’d then follow up with something like: ‘You are HEREBY NOTICED that if this matter is escalated in any way, or if any other parties are involved, that I cannot keep working for free. My fee is $125 per 15 minutes or part thereof plus any and all other fees, costs etc. to fully resolve this matter. It is hereby agreed that your continued involvement with this matter is evidence of your agreement to these terms.
Also I have already re-contracted them with a default and liability clause then I would also send them an invoice per that agreement.
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Awesome thanks
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Hi people,
I would love some guidance please.
I have received two parking fines months ago and have been dealing with the council. I sent a Conditional Acceptance letter which I received a letter back staying they were further looking into the infringement. I gave them 28 days to provide proof of claim and address the points in the CAL but they never responded. I then after the 28 days sent them a tacit agreement letter in which weeks and weeks later, today got a letter stating if I don’t pay in 21 days they will send the owner of the vehicle (my husband) to SPER.
Note: my husband completed a stat dec stating I was the one operating the vehicle not him and they said that if I don’t pay he will be sent to SPER.
I understand my error with not providing 3 x notices. My question is do I need to start all over again with the notices or can I send my 2nd notice now following the 3 step process on here??
Any other advice would be much appreciated
Thank you
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It could be best to start over as you have 21 days to respond (you could give them 7 days to respond to the first two then three days to respond to the last one so you can fit it into the 21 days?), here’s some more info on how to deal with a parking fine next time you get one..
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OK great, thanks for that. Yeah so I can give them 7 days. OK cool thanks heaps.
Also what exactly goes into an affidavit in regards to my situation, I am a little stuck on what to put in it.
Thanks
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Module 19 has options to deal with infringements… https://solutionsempowerment.org/p/module-19-options-to-deal-with-infringements/
