Taken to Small Claims Court by ParkingEye

beamerguy

alex_knight wrote: »

Hi all. I have received a reply from court and my case is now going down the Small Claims Track.
I have options like Mediation and Settle the case without going to court etc


What do you think I should do please?


Many kind thanks

We do not suggest mediation as it's out of your hands

Best to see a judge face to face, you stand a better chance

alex_knight_2

Hi. Many thanks for the advice


Im going to have trouble taking half a day off to go to court and in real terms it could cost me more than the amount Im fighting


Will they send someone if it goes to court? Im not scared of losing or facing them in court because its a joke what they are trying to do and absolutely makes no sense to me from the start and I would hope a judge at base level would also agree

beamerguy

alex_knight wrote: »

Hi. Many thanks for the advice


Im going to have trouble taking half a day off to go to court and in real terms it could cost me more than the amount Im fighting


Will they send someone if it goes to court? Im not scared of losing or facing them in court because its a joke what they are trying to do and absolutely makes no sense to me from the start and I would hope a judge at base level would also agree

The problem with court is that you can sit around
for a long time, hopefully it would be half a day.

I think you have a decision to make as to what is
practical for you.

Our fear on mediation is that the mediator will not
have the knowledge to understand

waamo

There is nothing to stop you negotiating a settlement with PE right up until the last minute.

If it's a commercial decision you take then it might be an idea to at least try and lessen the impact.

You can negotiate directly and don't need to use the mediation service.

alex_knight_2

I dont think I have a choice but go to mediation and hope they understand


If I keep my case simple and really the non legality is that it is simple. Then use the legal bit as part 2


Really appreciate everyone's help!


Kind regards


Alex

waamo

alex_knight wrote: »

I dont think I have a choice but go to mediation and hope they understand


If I keep my case simple and really the non legality is that it is simple. Then use the legal bit as part 2


Really appreciate everyone's help!


Kind regards


Alex

Yes you do. There is nothing to stop you emailing them directly. Other posters have had some success.

Iirc one poster got the payment to below the original (none reduced) ticket price.

They have a commercial decision to make too. Court is often costly for them and an early settlement reduces that cost.

They may take it to the wire but they often do accept a reduced offer.

Umkomaas

I dont think I have a choice but go to mediation and hope they understand

Mediation isn't about the mediator 'understanding', then casting a judgement. He/she will be trying to avoid the case going to court by getting the parties to agree a figure to settle.

In most cases the PPC want their full pound of flesh (and won't budge) and the motorist wants to be nothing (and won't budge). It's been known for the mediator to put pressure on the motorist by saying they have no chance in court, the PPC is legally entitled to the money, it's best if the motorist settles to avoid lots of other costs being added should they lose in court.

The mediator is certainly not looking to help you out in any way. Better options are:

1. Negotiate directly with PE if you don't want to go further down the court route (they have settled before, unlike most other PPCs), around £50/60 has been the mark, but start lower in opening offer. If you're going to put this in writing, mark the letter/email 'Without Prejudice'

2. If you can't attend court in person, ask for the case to be dealt with 'on the papers' by a Judge, but unless you've got all your ducks in a row (written submissions all well researched, presented and argued), this route could be the riskiest, and potentially costly in terms of PE being awarded everything they've detailed in their PoC.

Coupon-mad

alex_knight wrote: »

I dont think I have a choice but go to mediation and hope they understand

Nononono. And more no. Mediation is not the ''easy option'' of a case over the phone you know! The Mediator will press YOU to settle, yikes, why on Earth put yourself through that?

Did you tick ''yes'' to Mediation despite being told not to?

At least at a hearing the Judge will not press you to settle. He/she will hear your side and consider your evidence (how about a video of the site in the same lighting, etc).

If you can't attend due to work, how about (not recommended, but better than Mediation as log as your papers and evidence is COMPELLING), asking the court for a hearing 'on the papers' as you cannot attend a hearing?

You have a defendable case due to the hidden/unlit signs and no signs in the venue, nothing that meets Lord Denning's Red Hand Rule, nor the ''adequate notice/transparency/prominent terms'' high bars set by:

- the POFA

- the Beavis case

and

- the Consumer Rights Act,

all of which agree that terms are only enforceable if they are 'in your face' clear.

alex_knight_2

Hi. Many thanks for the advice. No I have not sent the papers back as I thought I could do this online. I will ask the court for a hearing 'on the papers'


Another problem I have now is that I have to respond by the 28th August but its bank holiday tomorrow so I wont be able to post it until the 28th and they wont get it until 29th. I thought I could do everything online?

Umkomaas

Where does it say you have to post any papers?