Excel Parking / BW Legal Court Paper

Redx

no we would not agree with mediation, so neither should you

the bargepole thread linked in the court sub-section of post #1 of the NEWBIES sticky thread explains the process , so why have you not read it ?

Coupon-mad

Would people advise requesting mediation?

It is very important to read Bargepole's summary of which boxes to tick/what to do when, linked as the second link under the heading 'Small Claim?' in the NEWBIES thread. That's why it's there in the sticky thread.

Agree with Redx, do revisit it. You need to hear it from Bargepole who is experienced in the process and explains it all.

DO NOT reply to any private message from any poster 'offering to help' because they would have a vested interest and you can tell by the lack of post count (under 1000 posts and they are not a regular here).

Quentin

Coupon-mad wrote: »

DO NOT reply to any private message from any poster 'offering to help' because they would have a vested interest and you can tell by the lack of post count (under 1000 posts and they are not a regular here).

We keep seeing this advice in your posts

Presumably someone with a vested interest is abusing their pm privileges and contacting newbies???

If so they should be outed and dealt with by MSE.

Coupon-mad

I'm protecting newbie posters from predators, as I always do. Unless a username gives the person away so you can Google them, you never know who is who, if you reply to non-regulars by pm.

Not saying you would reply, Quentin, but a newbie might think a pm saying someone can 'help' is a good thing.

jollymonkeys

Coupon-mad wrote: »

It is very important to read Bargepole's summary of which boxes to tick/what to do when, linked as the second link under the heading 'Small Claim?' in the NEWBIES thread. That's why it's there in the sticky thread.

Agree with Redx, do revisit it. You need to hear it from Bargepole who is experienced in the process and explains it all.

Thank you. Bargepole's thread is where I thought I had read the advice. Having just checked again this is what it says:

"Settlement – Do You Wish To Use The Mediation Service? – Generally, the advice is to say No to this. The PPC’s position is that they want the full amount of the claim; your position is that they have no case, and you owe them nothing. It may be, in cases where it was a Pay & Display car park, and you either didn’t pay at all or overstayed the time paid for, that you could opt for Mediation, and offer them the relevant amount of the hourly parking charge. They almost certainly won’t accept it, but it strengthens your position if it goes to Court and you can demonstrate that you offered to make good their actual losses"

So, should I opt for mediation and offer the £1.30 or whatever it was to park there in order to strengthen my position by offering them the parking fee?

Thanks.

Coupon-mad

Only if you approach it knowing it is probably truly pointless, and having a resolve not to get talked into making a large offer of over a tenner - set your bar VERY low and put the phone down if it seems the mediation is becoming like 'us against them'.

The last person here who reported back after mediation was Bobby2k2:

https://forums.moneysavingexpert.com/discussion/comment/70242827#Comment_70242827

See what you are up against? 'Mary' the Mediator who wanted him to just give up.

jollymonkeys

Hi Coupon_Mad,

Yes that is concerning. Part of me is resigned to the fact that if this goes all the way to Court I will have to pay a proportion / all of the claim against me but we'll see if that's the case.

The link was useful thank you. I'm going to go with mediation but will firmly reject any advice to pay more than I think is fair.

Thanks as always.

nigelbb

What did you submit as your defence? Did you identify the driver? Was the NTK POFA compliant? What was written on the signs? How long was the overstay? Was it a retail car park - if so did you approach the retailer?

You really should have taken some advice before firing off your defence.

jollymonkeys

nigelbb wrote: »

What did you submit as your defence? Did you identify the driver? Was the NTK POFA compliant? What was written on the signs? How long was the overstay? Was it a retail car park - if so did you approach the retailer?

You really should have taken some advice before firing off your defence.

Hi,

Thank you. I did take much advice and suggestions from reading many threads on this and other forums. The overstay happened in a well-known and frequently mentioned out-of-town shopping area in Greater Manchester. The over-stay was 17 minutes. The landowner has not been contacted.

The NTK came through within the right timescales. At no point has the driver been identified.

My defence was centred around the fact that the registered keeper has not been proven as the driver, that the claimant is not the lawful occupier of the land, that the Protection of Freedoms Act does not permit the Claimant to recover a sum greater than the parking charge on the day before a Notice to Keeper was issued, and that the amount claimed is a charge and evidently disproportionate to any loss suffered by the Claimant.

nigelbb

As you have submitted your defence why not post it here so we can now discuss it? You are really being a bit too coy. Excel know who you are & the location of the "well-known and frequently mentioned out-of-town shopping area in Greater Manchester"
Please post links to images of the NTK & the signs.