Excel PNC v Xircom

Xircom

Well thanks for your quote but it make no sense...to me ; you can't say "oh they just late" when the LAW say you have to issue it by X Date, what is it one rule of law of us and one for them? anyway. This is the state of play:-
A claim was issued against you on 17/07/2019
Your acknowledgement of service was submitted on 22/07/2019 at 20:51:37
Your acknowledgement of service was received on 23/07/2019 at 08:05:48
Your defence was submitted on 02/08/2019 at 20:38:06
Your defence was received on 05/08/2019 at 01:35:58
DQ sent to you on 06/08/2019
You filed a DQ on 19/08/2019
General sanctions order was made on 10/09/2019

Still nothing posted by the Claimant, I understand from what I have read that they have 7 Day, which means the claim will be struck off End of Business Today? as they had 7 days to respond to the General Sanctions Order which was issued on the 10/09/2019
Ta:rotfl::rotfl:

Coupon-mad

I hope they missed it!

Xircom

Ok so how does this work
A claim was issued against you on 17/07/2019
Your acknowledgement of service was submitted on 22/07/2019 at 20:51:37
Your acknowledgement of service was received on 23/07/2019 at 08:05:48
Your defence was submitted on 02/08/2019 at 20:38:06
Your defence was received on 05/08/2019 at 01:35:58
DQ sent to you on 06/08/2019
You filed a DQ on 19/08/2019
General sanctions order was made on 10/09/2019 (They have 7 Days from date of this sanction to file DQ, that's in black & white from the courts)
DQ filed by claimant on 26/09/2019 (This is 16 Days later)
does this not mean it should be struck off? as per the letter the court sent to me, I think I should ring them in the morning and ask that question? comments much welcome. Thanks

Coupon-mad

Not again, please:

https://forums.moneysavingexpert.com/discussion/comment/76309892#Comment_76309892

Groundhog Day here again, and this petty issue is not what to concentrate on.

Xircom

So my case against Excel Parking has been passed to Small Claims Mediation on 21 Oct 2019 I get to put my defence they get to put there case and he who right wins.

Umkomaas

Xircom wrote: »

So my case against Excel Parking has been passed to Small Claims Mediation on 21 Oct 2019 I get to put my defence they get to put there case and he who right wins.

That's not right at all. Mediation is not about putting a defence forward or who's right, it is about the mediator trying to find a way of this not going to court by asking the PPC what amount they will settle at (maybe £50 lower than they're currently asking for) and you being asked if you're prepared to pay that to avoid court.

The mediator is supposedly neutral, but all reports we read is that they put intense pressure on the Defendant to agree to pay what the Claimant wants.

Our advice: don't go there.

beamerguy

As Umkomaas says above

Mediation is not a good idea. The parking companies probably like it because it increases their chance of winning.

You might as well involve a stranger who lives around the corner who has little info about the case let alone any understanding of the parking scam

Coupon-mad

Xircom wrote: »

So my case against Excel Parking has been passed to Small Claims Mediation on 21 Oct 2019 I get to put my defence they get to put there case and he who right wins.

No, that is not the case at all. You do not get to put your defence in a random phone call, where you will be bullied to settle out of court! This phone call is purely to save court's time and make you cave, and is not about hearing your defence.

NO TO MEDIATION, put the phone down, this is NOT your hearing and wholly inappropriate for parking cases, which is what the NEWBIES thread clearly tells you in bargepole's COURT PROCEDURES thread linked there!

We say as one voice - NO. The NEWBIES thread already warns you not to do this! Start reading our advice more closely and stop going along with what you are guessing the court letters are telling you.

Want a first hand account of the phone bullying? Search Mediation Mary as keywords!

Xircom

Thank for all you comments, I full understand and have no reason to listen to what they have to say and believe me I'll not be accepting any thing they offer or put forward. I been down the road of mediation a few times normally me fighting to get my money from client who do not pay. This option should tell me where they stand and on what defence they think they have. I'll keep you all posted and thanks for your comments. NOTE I don't have to accept anything that put forward by mediation.

Xircom

Had Telephone Mediation today, they tried to bully me, saying that I don't have a case and that they want me to make an offer, I refused and said what do they want they replied back with £125.00 to close the case, the initial bill stands at £185.00 so I went back with 50% of the original invoice/fine which was £100.00 reduced to £60.00 if paid within 28 days, so my offer was £50.00 they turned it down and that was the end of the telephone call. So it now looks like were off to court at some point in time.

I think they think I'm scared and they have my back to the wall but this just drag it out for a few month more, I need to gather my evidence and case in order. They also said I have not made a correct appeal or followed correct procedures. I asked what the correct procedure but she (mediator) could not tell me, to be honest the whole experience was pointless, they not going to budge, I'm not going to budge and the mediator could not do anything.

ok so now what? as always your advise is most welcome.