Help please - have i made a mistake?

KeithP

Standupforyourself said:

all it seems to say about mediation is that it is run by a private company who are motivated only by keeping cases out of court, which sounds reasonable enough.

Bargepole's 'what happens when' post linked from post #2 of the NEWBIES thread explicitly states:
A1 = NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you)

Standupforyourself

KeithP said:

Standupforyourself said:

all it seems to say about mediation is that it is run by a private company who are motivated only by keeping cases out of court, which sounds reasonable enough.

Bargepole's 'what happens when' post linked from post #2 of the NEWBIES thread explicitly states:
A1 = NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you)

yes it does say that, but it doesnt say why.
This is a forum geared towards taking the fight to the PPs, which is great. But i wonder if there is advice out there that covers mediation for those who wish to know more? If it definitely a red herring would be great to hear some examples of why. I've searched but not found any.

KeithP

Any mediation scheme only works if there is room for negotiation.

For example, if you pay someone to do some building work but they've done something not quite right, you can perhaps negotiate to have a bit knocked of the bill. In that case mediation will work better than wasting court time deciding the outcome.

With these parking speculative invoices, clearly the Defendant wants to pay nothing. At the same time the Claimant want the full amount. There is no room for negotiation.

Standupforyourself

clearly mediation only works if both sides are willing to move. But the Defendant could turn round and say court is hassle, here's £50 for your troubles, what do you say...

KeithP

And their answer to an offer like that would be "no thanks we'll give you £10 off".

They will see you are looking for an easy way out and will push for near enough full amount.

Don't waste you time is my suggestion, but of course it's your choice.

Also reports here are that the mediator will push the Defendant to settle. No idea how true that is though.

legal_magpie

Standupforyourself said:

I know this has been asked before, but if a CCJ was made is it 100% correct that it will be struck from records and will not affect credit rating if it is paid within 30 days?

If a judgment is entered following a contested hearing and the Court orders payment to be made in 1 month or less, it should not be registered unless enforced. Even if it were to be registered, provided you pay it off within 1 month, the registration will be removed. 

Coupon-mad

Standupforyourself said:

clearly mediation only works if both sides are willing to move. But the Defendant could turn round and say court is hassle, here's £50 for your troubles, what do you say...

That is pointless.    Do not try, you will feel bullied and the Mediator is aiming for YOU to settle & pay some money!

Standupforyourself

ok thanks for the feedback. I just like to know the ins and outs of all options.
So was anyone interested in the Dept of Transport response to ANPR question?

nosferatu1001

Yes, the answer is theyre not allowed to use it. we know that councils arent. 

Standupforyourself

This is straight from the horses mouth, so to speak - Ministry of Housing, Communities and Local Government:
Dear X,
Thank you for your message on 13 January to the Department for Transport, regarding Automatic Number Plate Recognition (ANPR) in local authority car parks. As a Policy Advisor working on parking for the Ministry of Housing, Communities and Local Government, I have been asked to respond.

The use of ANPR to process parking fines has been restricted by the government by the Deregulation Act 2015. Changes were brought about to ensure that a Parking Charge Notice (PCN) must be fixed to a vehicle’s windscreen, making it illegal to issue PCNs via post following the detection of a parking contravention by ANPR. These rules also apply to cars that are equipped with ANPR enforcement systems, sometimes referred to as “Spy cars”. However, there are exceptions to this; bus lanes, bus stops, red routes and Keep Clear zig-zag areas outside schools are exempt as the Government believes ANPR enforcement is beneficial in these situations. In these cases, the enforcement policy needs to be well publicised and indicated with conspicuously placed, lawful traffic signs.

There is not a total ban on the use of ANPR in the context of enforcement in offstreet car parks; ANPR technology is only restricted as the sole means of enforcement. For example, the restrictions do not affect the operation of “Pay on Exit” car parks with barrier controlled access that use ANPR cameras to determine how long a car has been in the car park. It can also still be used, for example, to better target enforcement by Civil Enforcement Officers (CEOs).

Finally, it is important to note that, unlike higher tiers of local government, parish councils are not eligible to apply for civil parking enforcement powers under Section 8 the Traffic Management Act 2004. Government believes, however, that the relevant tiers of local authority should work together to reach agreement on how civil parking enforcement is undertaken in local areas, which could include operating or contracting enforcement services on behalf of the upper tier.