Payment Didn't Go Through = Fine & Impending Court!

Spaceconcept

Thanks, found this.

4. After sending off your Defence, the Northampton Business centre will send a copy to the Claimant, and then send a Directions Questionnaire (form N180) to both Claimant and Defendant. You must complete this by the date given, and send it back to Northampton, with a copy to the other side (or their solicitors if they've nominated one as the address for service). The recommended answers to the questions are as follows: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)B = fill in all the details, name, address, etcC1 = YES to small claims track – this is the limited costs track for claims up to £10,000 in valueD1 = name of your local County Court – unless you are a Ltd company, the case files will be transferred thereD2 = NO to expert evidence (this relates to medical negligence cases and suchlike)D3 = 1 witness (that’s you) (or more if you are going to get another person to provide a statement)D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one).Note: Gladstones are currently including a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing. You should oppose this, and include the following text in D1: “The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”.

nigelbb

Spaceconcept wrote: »

After a long wait, I have finally had some correspondence.

The letter is entitled 'Notice of Proposed Allocation to the Small Claims Track' asking if I agree to mediation. Should I agree to this? It does say I do not need to settle, so seems the right course of action.
There's a questionnaire too.

Any advice?

Thanks,

Chris

What response did you have to the SAR? You should have had a reply over a month ago.

nigelbb

Spaceconcept wrote: »

Comments welcome

Too long & all the stuff about what your wife did is irrelevant. The simple fact is that you are the Registered Keeper & cannot be pursued for unpaid parking charges as the identity of the driver is known. They are suing the wrong person.

Half_way

Unless I've missed something,I can't see any reference t the car park owner, who is it?
What happened when you contacted the land owner? what did you say to them?
If you can get a response from the landowner saying they don't want this pursued through the court system, or similar then it will effectively pull the rug from under the parking company's feet.
If you do get such a response you must tell the PPC immediately and invite/tell them to withdraw the claim.
Include the withdrawal of support in your defence.

Spaceconcept

I got a response to the SAR. Most of my correspondence with them and a picture of the car.

Spaceconcept

There is no reference to the car park ownership.
How do I go about finding who is the land owner?

KeithP

Spaceconcept wrote: »

How do I go about finding who is the land owner?

In no particular order:

Ask HM Land Registry.

Ask local council who pays the non-domestic rates.

Look at signs in the car park.

Google the car park name.

This list might not be exhaustive.

Coupon-mad

asking if I agree to mediation. Should I agree to this? It does say I do not need to settle, so seems the right course of action.

Just to be clear to newbies reading this, Mediation is NOT the right course, for ANY PPC Defendant, ever:

https://forums.moneysavingexpert.com/discussion/comment/75866110#Comment_75866110

https://forums.moneysavingexpert.com/discussion/comment/71582139#Comment_71582139

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

Spaceconcept

Update

Had a letter from County Court stating that a judge has considered the statements and advises that the claimant must pay a court fee of £300 or file a properly completed application. Otherwise the claim will be struck out from 6th Sept.

Sounds promising to me!

Umkomaas

Spaceconcept wrote: »

Update

Had a letter from County Court stating that a judge has considered the statements and advises that the claimant must pay a court fee of £300 or file a properly completed application. Otherwise the claim will be struck out from 6th Sept.

Sounds promising to me!

Do you have any idea why the court need CEL to pay £300, as that is so much more than is usual for a £197 parking charge claim? It is more in the ballpark of a £3,000 to £5,000 claim.

https://www.gov.uk/make-court-claim-for-money/court-fees