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Court Action - Defence

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  • sunny1223
    sunny1223 Posts: 17 Forumite
    Thanks, So you think I keep the apt and on that call ask for POPLA and agree to the bound by it?
  • Umkomaas
    Umkomaas Posts: 43,381 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    We might have a better chance to give you some advice on how you should play this if we knew which PPC you're dealing with.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • gertysingh
    gertysingh Posts: 286 Forumite
    Defo keep to the mediation - have been told by 2 solicitors that it looks good in front of the judge that you attended. If you cancel you will have to explain why you cancelled. Anyway you can use it as an experience in negotiation :)

    If I were in your position, I'd go on attack....Without Prejudice. I'd state that I believe their charge is vexatious and what ever liability they are stating has:
    a) nothing to do with you as there is no contract as you are the RK and not the driver
    b) the conduct of the company amounts to harassment and intimidation and that in court you will claim loss of income and expenses (and anyone you bring along that you stated would be a witness) (that's about 90GBP * number of witnesses (including yourself) + travel expenses + any court expenses)
    c) if they wanted to conduct themselves properly, you would be open to sorting this out via Popla or the IAS
    **********************************************
    Trying to educate people to stop littering the country side in trail races!!!
    **********************************************
  • Coupon-mad
    Coupon-mad Posts: 152,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    This needs merging with the original thread.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • I found mediation a complete waste of time. (The Court Mediation Service).

    And when we got to court, Parking Eye tried to say that it was "there understanding that we wanted to be in Court today."

    Which was far from the truth.
    Illegitimi non carborundum:)
  • gertysingh
    gertysingh Posts: 286 Forumite
    The mediation is for the judge to see that you at least attempted to keep it out of the court.

    IP - Am sure you had a perfect retort....and you helped the judge see the brown sludge dribbling between their lips
    **********************************************
    Trying to educate people to stop littering the country side in trail races!!!
    **********************************************
  • sunny1223
    sunny1223 Posts: 17 Forumite
    Thanks All for your input


    PPC = Excel


    @Coupon Mad - I wasn't sure whether to start a new thread or not, I didn't think you would be able to see my updates if I added to the original thread - am I better to go back to that one and post the updates on there in future? (sorry I'm a bit green)
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    pm crabman and ask him to merge the 2 threads into one

    that way all the info is in one thread which will "bump" to the top of the forum each time there is a reply
  • Crabman
    Crabman Posts: 9,942 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Two threads have been merged :)
  • sunny1223
    sunny1223 Posts: 17 Forumite
    Update – Mediation went ahead and a couple of points came out of this which I wanted to verify:-
    1. ANPR cameras only have to be compliant if they are council or government cameras? this doesnt apply to private firms?
    2. POPLA can only process 1 case (PCN) at a time? so this was the argument for not using POPLA at this time as it would take a lot of time and money...
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