Wrong Reg, Submitted appeal via IAS - Completely lost as to what to do? - Court Letter Received

Coupon-mad

As they were with the TV 'show trial' orchestrated by an IPC member recently, that made Judge Rinder look like a numpty.  He was utterly taken in by the PPC, and wrong in law.

TechMonkey

Coupon-mad said:

OK, so play along for 2 minutes to look reasonable, and tell the Mediator you ticked ''no'' to Mediation and will not be offering any settlement today and in fact you expect and propose that the Claimant pays your costs at £19 per hour of time so far, if they want to resolve the dispute.

DO NOT answer anything about 'what your defence actually is' except ''that is in my defence already, the Claimant knows all this'' and then say clearly ''the C is not someone to mediate with, so I'll see them in court as planned - good day to you''.

Thanks @c@Coupon-mad so just to be clear, I should do the mediation call, however not give any information and explain I do not consent to mediation and will continue to court.
I only ask as I was advised to respond to the email stating I do not consent to mediation by another user.

Coupon-mad

As I said in my previous reply, do either. 

Just do NOT let it go ahead unless you like a laugh and know in your head that the Mediator is not legally qualified, will bully you because they'll side with the Claimant, and that everything they say will be wrong.    This is NOT your hearing.

I'd do it for the LOLS, but that's me!

TechMonkey

Just an update for you all.
I had a telephone court hearing today and won.  The case was dismissed on the basis that:

• The case quoted by the claimant "Parking Eye vs Beavis" relates to someone overstaying their paid for parking slot and therefore is not relative to this claim
• The BPA encourages drivers to use the correct registration, however it also encourages operators to waive minor breaches where such breach is based on a minor error and not related to non-payment.
• I did with all good intention pay the appropriate parking fee

The judge was very fair and did acknowledge I had indeed entered in to a contract and the signage was sufficient.

Their solicitor requested the right to appeal, but this was denied on the basis that they were not submitting any new exhibits or evidence.

I have to say I was absolutely bricking it during the hearing, but started by explaining that I have never been to court before and to be forgiven if I use any incorrect terminology.

I dont think how I prepared for the case was brilliant as I found the advice of this forum confusing at times and a lot to take in.  This isnt me sayign anything bad against the amazing and brilliant help you provide, but as someone with no experience the terminology and documentation can be massively overwhelming and confusing.

That said, thank you all so much for you help it is appreciated hugely

nosferatu1001

I htink the issue is you didnt come back in between; you ocul dhave had more support. 
It isnt an easy job, it taks times!
well done however - did you get any of your costs for loss of pay OR holiday?

TechMonkey

nosferatu1001 said:

I htink the issue is you didnt come back in between; you ocul dhave had more support. 
It isnt an easy job, it taks times!
well done however - did you get any of your costs for loss of pay OR holiday?

Thank you nosferatu1001, pls dont misunderstand I only mentioned the points I did to hopefully assist others.
I didnt go for any costs or loss on my part, I was just happy to not have to pay.
It was especially nice hearing the solicitor struggling to come up with a reason for an appeal.

Coupon-mad

Yay, ANOTHER VCS ONE BITES THE DUST!  WELL DONE!

You should have come back in between though, as you didn't even ask us for help with your witness statement and evidence...if you even put one in (if not then you breached the court Order!). Most people spend a few days over the WS & evidence stage in the weeks before their hearing.  If you winged it with a defence only, that went against our advice but you got lucky and the Judge was good.

Le_Kirk

Well done for your win.

D_P_Dance

• The case quoted by the claimant "Parking Eye vs Beavis" relates to someone overstaying their paid for parking slot and therefore is not relative to this claim

Exactly, Beavis has nothing to do with a "wrong registration" claim.   Thet have wasted tour time, now wste theirs.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

Umkomaas

• The case quoted by the claimant "Parking Eye vs Beavis" relates to someone overstaying their paid for parking slot and therefore is not relative to this claim

Sorry to correct the learned Judge, but Beavis was nothing to do with a paid for parking slot, the Riverside Retail Park Chelmsford offered free parking for two hours.

But you've won your case and very well done.