Next Step Help Please

Captainkirk_2

Hi, OK I followed the Newbie guide and am now at the stage of mediation. I will paste my defence below. I had originally ignored all the letters prior to the court letter in the hope it would go away like it used to in the old days but it hasn't and I really don't want to pay these thieving Bar Stewards. What also makes it worse is that my friend was parked with us so we are both at the same stage and using the same defence. So my question is now what do I do? The car is under my partners name and she just wants it sorted as she doesn't want anything going against her name.


The letter received over the weekend is the mediation letter and if goes to court is way beyond my experience/knowledge of these matters so if I can't find a sensible way to fight it then I'll have to pay, same goes for my friend whom is also fighting the same battle.


Any help/guidance would be much appreciated...


Defence below:- (which was submitted to the court on the portal and I now have the letter from PE saying they are basically going to pursue or mediate). I get from other posts not to settle but go on the mediation call? Then what?




1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts are that the vehicle, registration XXXXXX, of which the Defendant is the registered keeper, was parked on the material date on the land owned/leased by Holiday Inn Express for an alleged period of XX minutes. During the alleged XX minute period the defendant and/or driver at no point observed any overt signage implying this was managed land and therefore it should be considered that the signage is insufficient for its intended use.

3. Further and in the alternative it is denied that the claimant's signage sets out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them.

4. The terms on the Claimant's signage are also displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract.

5. The Particulars of Claim state that the Defendant XXXXXX XXXXX was the registered keeper and/or the driver of the vehicle. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

6. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.

7. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

8. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

I believe the facts contained in this Defence are true.

Fruitcake

Edit your post to remove information about who was driving. You say you don't want the PPC to know about it but then post it on a forum that the scammers monitor.

Do this now before you do anything else!

Mediation is pointless. You want to pay nothing, they want the full amount. End of mediation.

If you have a good case, then you have a good chance of winning in court. MSE has an excellent win rate in court, but only if posters follow the advice. The defendant must attend court if they are going to defend this, but someone else can act as a lay representative and do most of the talking.

What happened when the keeper complained to the hotel manager/CEO?

What defence points have you found in addition to signage?

These would normally include, not the landowner, no standing (contract) to issue charges in their own name, grace periods, inadequate signage, and anything else relevant.

1505grandad

So to confirm - Defence submitted and you have received Directions Questionnaire (form N180) - if so has it been sent by the Northampton Business Centre?

Captainkirk_2

Hi Fruitcake, thanks for the response I have deleted the driver info.


We haven't got any other defence other than the signage really without going into to much detail. What I really need is a step by step guide of how to respond and what to expect next, do I fill in the forms they sent or do it online? or if someone could point me to a post of a similar case that was contested I'd appreciate it as I have had a look at some but there is just too many to go through and can't find anything similar. To be honest I don't know if we have a strong case, All we have at the moment is what I've submitted above, and have no idea how to get any of the other info you mention.


When you say MSE has an excellent win rate, how is this so do they send someone to court to support or is all just done through this forum?

Captainkirk_2

Hi 1505grandad, yes that is correct we now have the N180 - Parking Eye's directions questionnaire as our notice to proceed in this matter.


So what's next...? Do I need to complete the form and send off or is this just a notification letter and I now have to wait for the next part?

Le_Kirk

You don't complete the PPC's DQ, you wait for your own or you can download, print, complete and return one from t'Internet. I believe there is a .pdf version that you can complete on-line. All steps are outlined in the NEWBIE sticky post # 2, look for: -

IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!

Here is a walk-through the process from defence onwards..............

Ralph-y

post #2 is the forum guide to the process of court




https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou



Have a look at this short video:

https://www.youtube.com/watch?v=n93eoaxhzpU



Ralph:cool:

Captainkirk_2

Thanks Le_Kirk and Ralph-y, very helpful but also quite daunting, how can I go up against a trained legal expert with the defence I have in court, I doubt very much it's going to stand up. These guys have got it made now after that Beavis case because people won't go through all this hassle, I think next time I'll just pay the £60. A bit defeatist I know but it's probably cost me more time and effort than the original 'invoice'.

Le_Kirk

Captainkirk wrote: »

Thanks Le_Kirk and Ralph-y, very helpful but also quite daunting, how can I go up against a trained legal expert with the defence I have in court, I doubt very much it's going to stand up. These guys have got it made now after that Beavis case because people won't go through all this hassle, I think next time I'll just pay the £60. A bit defeatist I know but it's probably cost me more time and effort than the original 'invoice'.

You need to read some of the court reports on here and maybe you will change your mind about the "trained." Some of the reps who turn up have only seen the defence and witness statement a couple of hours before the case and read some of the spankings meted out by the judges.

Captainkirk_2

Hi, me again, just wondering if anyone can answer this query:-


As mentioned before we are at the N180 form, we have had Parking Eye's copy and have now received our one to fill in and return to the court. I understand the form asks if we want mediation? Do I say no and go straight to the court stage or at least try mediation given that everyone thinks it's a waste of time?


Secondly, If it does go to court I am quite prepared to attend but as my partner is the registered keeper and all of the letters an correspondence is in her name, I know for a fact she will not want to attend the court especially with child care issues. As I said I would be prepared to attend court as a Lay-rep but I understand my partner would need to be there to appoint me. So really the question is how do I get all of this put into my name as the driver or at least be appointed the lay rep without her attending court?

Coupon-mad

You can't.

If she can't be bothered to turn up with you to the local court, she'll lose (sorry).