UKPC & county court business centre form received

4consumerrights

Coupon-mad wrote: »

You should not be agreeing to mediation. We suggest not, there is no offer you wish to make as there is no debt, so mediation is pointless.

No I disagree with this by Coupon Mad.
Agreeing to the court mediation process demonstrates that you are prepared to settle and this is 'without prejudice' prior to any hearing as the telephone mediation is not disclosed. It does not bear any relation to acknowledgment of the alleged debt which during the process this can be denied but state you are prepared to settle for xxx amount for example to mitigate any costs that a hearing will incur.
(No doubt you will need time off work etc to attend court)


If you agree on a settlement then it is binding, however you do not have to agree on any settlement figure and a nominated person can also be used to do this on your behalf.

Small claims hearings in court are a lottery and there is no forecast that you will be successful in court.

I have known claims be settled for far less than the original parking charge at court mediation stage - however for DPA reasons cannot disclose the amount.

If you wish to settle to avoid any court hearing then advice is to go in low. Even the best prepared defences can not guarantee a win , especially if you have no experience in court or putting over your defence.

Have you contacted the BMPA who may be able to put in contact with a lay rep as well

4consumerrights

@ Bobby2k2

I don't know your defence submitted but hope you included the obvious such as no landowner contract.

Tell me is this a Louise Ndure on the claim form?

Coupon-mad

Generally the advice would be not to attend mediation.

In posts #12 and #18 in December, IamEmanresu pointed this OP to the basis for a defence similar to the points in the Part 18 so we can be sure it covers no landowner contract already.

This OP doesn't need to panic nor think he has to settle nor necessarily pay someone's expenses to attend.

4consumerrights

Coupon-mad wrote: »

You do yourself no favours here. Generally the advice would be not to attend mediation and always has been, re parking cases.

That comment is becoming like a stuck gramophone record..

Really - so now other forum posters cannot post a view which is different to yours without a comment?

I certainly agree that the old advice was generally not to engage in the Mediation process but Hey Ho the game has changed and it is better to keep up the changes and provide a fair view to the OPs as to what can be achievable.

The OP clearly ticked the box agreeing to that option and has nothing to lose by participating in the court mediation process.

There is no obligation to accept any offer discussed and if settlement cannot be agreed then the hearing goes ahead.

With large claims now frequenting the forum, the stakes can be higher should OPs lose at court hearings.

You have no idea what the OPs defence is either as he has not put this up so - spouting off a possible solution to negotiate a lower settlement option when the OP is facing a £600+ claim may not be considered to be saving the OP in the long run.

4consumerrights

Coupon-mad wrote: »

Generally the advice would be not to attend mediation.

In posts #12 and #18 in December, IamEmanresu pointed this OP to the basis for a defence similar to the points in the Part 18 so we can be sure it covers no landowner contract already.

This OP doesn't need to panic nor think he has to settle nor necessarily pay someone's expenses to attend.

I see you changed your posting ...... Oh well have the original you posted is above

Perhaps you would like attend as a lay rep then for him in court at his hearing?

You are doing yourself no favours.

Coupon-mad

but Hey Ho the game has changed and it is better to keep up the changes and provide a fair view to the OPs as to what can be achievable.

Hey Ho? Litigation might be a 'game' to some people - but not to most.

Perhaps you would like attend as a lay rep then for him in court at his hearing?

Perhaps you would - could maybe do your first one pro bono? Unbeknown to you, if I'd been free recently I would have lay repped one locally for free but I was working that day and in the event the defendant settled. I have a day job, as you know, so my strengths lie with work achieved in the evenings, such as assisting with appeals and replies to ensure LBCCCs don't go further, keeping cases away from court if possible, not dropping the ball, communicating with people so they know what to expect next, that sort of thing.

This isn't helping OPs you know, you swooping in to criticise/disagree etc., name dropping the person who signs these claim forms (big wow) but not actually helping the situation. No-one minds healthy discussion nor disagreeing if it's done with good grace. Nigelbb and I disagree about the CCRs but there's no pettiness or criticism of each other's knowledge - and you have obvious knowledge.

We do know something of the OP's defence as I have explained in my edit above, back in December when he got solid advice at first.

Bobby2k2 - perhaps you could show your defence here and tell us how long you have to submit the full version?

pappa_golf

4consumerrights ,Travelodge do cheap rooms , why not get one and argue in there , instead of on a public forum

4consumerrights

pappa_golf wrote: »

4consumerrights ,Travelodge do cheap rooms , why not get one and argue in there , instead of on a public forum

Hey Pappa Golf - I thought you didn't like comments which were off topic?

As i understand it this is a forum where posters with knowledge offer support and advice to the OPs and indeed there is no harm in differing viewpoints from regulars.

Just because I disagreed with a post that Coupon-Mad made on this thread there is no need for a cheap comment like that you made.

I don't tend to frequent Travelodge ;-)

4consumerrights

Coupon-mad wrote: »

Hey Ho? Litigation might be a 'game' to some people.

We do know something of the OP's defence as I have explained in my edit above, back in December when he got solid advice at first.

Bobby2k2 - perhaps you could show your defence here and tell us how long you have to submit the full version?

No, you don't know the OP's actual defence as you now point out.

Or clearly by the looks of it the deadline or the timescales for when the full defence is required as any 'Mediation' is before that


As stated, and as you should know outcomes small claims hearings are not guaranteed even with good defences on paper. You also need to be able to articulate well and understand the finer points and the OP will be up against no doubt a solicitor from LPC law should this get to a hearing,

Giving the OPs all the options available should be the correct advice for any forum...

Bobby2k2

Hi guys

Thanks for all of your input. I must admit, I am a bit confused regarding mediation and I did explicitly ask for advice in post #21 but it must of been missed.

Here are the responses for the queries raised above:

I don't know your defence submitted but hope you included the obvious such as no landowner contract.

Yes I have indeed.

Tell me is this a Louise Ndure on the claim form?

There sure is. This is the named person on the form - How did you know?

Have you contacted the BMPA who may be able to put in contact with a lay rep as well

Is this someone who will attend court on your behalf?

Bobby2k2 - perhaps you could show your defence here and tell us how long you have to submit the full version?

The skeleton defense put forward via MCOL (with the help of IamEmanresu posts #12 and #18 in December) is as follows:

I believe that:

UK Parking Control Ltd did not have a Contract in place at the
relevant times with the landowner, agent or occupier. I require
them to produce an unredacted copy of any claim they say they have
that allows them to take action in their own name

UK Parking Control Ltd did not have signs within the site that
were capable of being read and/or form a contract. I require
details of the installation and maintenance regime for the signs
at the location

UK Parking Control Ltd did not put tickets on the car and I
require them to produce copies of the tickets they claim were
placed on the car at the times claimed. I similarly require clear
legitimate time stamped photos of the above.

UK Parking Control Ltd have not sent enough information on the
particulars of claim received from their solicitors. As a result I
have sent in a part 18 request for further information on the **th *********
2015 via recorded delivery as well as email addressed to
the claimants solicitors which addresses this as well as other
issues.

*** Their full response to the part 18 request mentioned can be found in post #24

Coupon-mad - I'm not sure when I have to submit the full version but as pointed out by 4consumerrights the mediation is set for the end of Feb so I assume it must be some time after then..