Parking Eye - paid parking ticket wrong machine

KeithP

You can of course do what you like.

Do you really think that if you give a good explanation the Claimant will say "ah, ok. Sorry to have troubled you. We won't progress this further".

Dream on.

The advice here is not to take part in mediation. The reasons why are spelt out time and time again here.

bobgroups

thanks Keith for bringing me in touch with reality - appreciated. What i was thinking of was i read somewhere on other threads about claimant making an offer (!!!!!! cant find where I read that now) - maybe that was if they contact defendant just b4 hearing.

Coupon-mad

could it still be useful to say yes to mediation?

No, no and more no.

https://forums.moneysavingexpert.com/discussion/comment/75668176#Comment_75668176

Do the search, read about Mediation Mary!

bobgroups

thanks Coupon-mad for highlighting this .....wont opt for mediation. i might have mis read it somewhere that the claimant may make an offer.

bobgroups

got a quick qn.... I now got the N180 to respond to from Northampton.

1. How long does it take to get a court date?
2. I'm starting a new job in 1st week of September so I can't really take time off esp for a court hearing.
3. Can i request on the N180 for a date by end of August latest?
4. If the court date does not happen before September and i dont think i can get a day off after starting a new job - what's my best option - just pay the claimant?

Thanks

Umkomaas

1. Depends on which court, some are busier than others, it's a bit of a 'How long is a piece of string' question. Maybe 1-3 months hence.

2. If that's the case, you close down your options (see 4 below).

3. Normally you would give dates when you're not available. You could try a polite request for a pre-September date and see what comes of it.

4. You can ask for the hearing to be held 'On the papers', but your written submissions will need to be extremely well developed and expressed. 'On the papers' is not a recommended route as we have seen little to no success from the route, while you submit only in writing, the other side can (and do) field a lawyer to represent their case to the Judge, with you being unable to counter anything they say.

In three very recent 'On the papers' cases, each defendant lost and the full claimed costs were awarded against them. These costs include spurious debt collection additions and would have been challengeable, with a likelihood of disallowance being applied. The only positive for you on this, PE don't add spurious debt collection charges, it's normally a standard £175 claim (£100 PCN, £50 legal fees, £25 court filing fee).

Coupon-mad

You will have to take time off work as this is likely to be an Autumn/winter hearing.
In your DQ, EXCLUDE any date in Sept or October due to bedding in period at new job.

Put the entire months as unavailable for the first few weeks.

bobgroups

3. oh so the N180 wording for D4 says any dates within next 6 months I may not be avail. I can try the polite request - will it go down ok to state due to me starting a new job?

4. if i was to go for this does this need to be decided now for D1 - Hearing venue.

5. If court hearing is too far away and i dont think i can do the ordeal do i have an option to pay? I'm veering towards going for the hearing local court etc but if it's too far away and i dont think i can take time off jsut pay it off.

Currently it's total of £175 - £100 PCN, £50 legal fees, £25 court filing fee.

(I got to return N180 by Monday 24th and will plan to complete it then scan and email over)

Coupon-mad

will it go down ok to state due to me starting a new job?

Yes. Perfectly reasonable, cross out two whole months, I would.

Put down your nearest court for the hearing. You could settle at any time, or even email P/Eye now with an offer (say £50) and see what they say, if you are that wobbly about seeing this through:

enforcement@parkingeye.co.uk

They will discuss a lower offer with you by email. Head the email:
'CLAIM XXXXXXXX - WITHOUT PREJUDICE SAVE AS TO COSTS'

DO NOT pay the full £175. Try to keep it two figures - and refuse their first offer.

bobgroups

Completing DQ and will email scanned copy to ccbcaq@justice.gov.uk. (Today is deadline) I saw on covering letter of DQ that I need to serve copies to all other parties. Rang CCBC and they said I need to send a copy to claimant. (Unless I missed it, I could not see this on https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016 )

Quick qn is it better to email scanned copy of DQ to enforcement@parkingeye.co.uk ? or send paper copy via recorded delivery. I suspect email better but just wanted to check.

(ParkingEye popped a paper copy f theirs in the post some time back where they said they want mediation. )