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Tort for incorrect KADOE request?

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  • pould
    pould Posts: 252 Forumite
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    Hi all,
    Smart Parking have submitted a defence. Since this is an open forum I don't want to share it here or discuss it here, but if any of the key regulars would like a copy on the basis of then discussing some of the items in it with me I would be more than happy to provide it.

    Needless to say, they deny any liability....
  • pould
    pould Posts: 252 Forumite
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    Smart Parking have requested mediation, but I'm inclined to turn it down.
  • Umkomaas
    Umkomaas Posts: 41,721 Forumite
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    pould said:
    Smart Parking have requested mediation, but I'm inclined to turn it down.
    Why not put them through the same wringer PPCs ordinarily try to put their victims through?  PPCs hardly offer any 'give' in their demands at mediation, do likewise. The outcome of failed mediation has never influenced an actual court case - in my readings on the parking forums. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Here there would be some form of expectation of mediation by the court; you absolutely have some leeway in amount here, its not like an invoice for works undertaken at an agreed rate, etc. 
    Cant you redact the defence? Unless you dont want them to link to this thread - which if theyve got any sense they will have done!
  • pould
    pould Posts: 252 Forumite
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    Here there would be some form of expectation of mediation by the court; you absolutely have some leeway in amount here, its not like an invoice for works undertaken at an agreed rate, etc. 
    Cant you redact the defence? Unless you dont want them to link to this thread - which if theyve got any sense they will have done!
    I believe that there are things they have written in the defence which will come back to bite them and I don't want to discuss them in the open.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    That would be very juicy to see then, for sure
    I, along with a few memebrs on here (C-M being the obvious)have a google group going - if you were to emai lme would you be ok with me sharingthis amongst the group? Its locked in terms of who sees it. 
    It might give you some additional ideas as well!
  • pould
    pould Posts: 252 Forumite
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    That would be very juicy to see then, for sure
    I, along with a few memebrs on here (C-M being the obvious)have a google group going - if you were to emai lme would you be ok with me sharingthis amongst the group? Its locked in terms of who sees it. 
    It might give you some additional ideas as well!
    Will send you a private message
  • photome
    photome Posts: 16,399 Forumite
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    Following, good luck.
  • zhonguonuren
    zhonguonuren Posts: 478 Forumite
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    pould said:
    Smart Parking have requested mediation, but I'm inclined to turn it down.
    I’m a fan of mediation when I’m the claimant.  Firstly, SP must know you have a good case or would not have offered it.  The rules of mediation are that you must be prepared to compromise - ie they have to offer something.  You would have to be prepared to accept a bit less (a tenner - just kidding) but something reasonable.  For me it’s more important to win than receive the whole amount of the claim - and I am never 100% confident of winning a case in court anyway.  If mediation fails (mine did with Highview Parking) and you do have to remember the mediator wants you to settle (so don’t be put off and stand your ground), I went on to win.   It’s good practice and you get some more insight into the other side’s argument.   The court also appreciates you trying mediation. 
  • pould
    pould Posts: 252 Forumite
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    pould said:
    Smart Parking have requested mediation, but I'm inclined to turn it down.
    I’m a fan of mediation when I’m the claimant.  Firstly, SP must know you have a good case or would not have offered it.  The rules of mediation are that you must be prepared to compromise - ie they have to offer something.  You would have to be prepared to accept a bit less (a tenner - just kidding) but something reasonable.  For me it’s more important to win than receive the whole amount of the claim - and I am never 100% confident of winning a case in court anyway.  If mediation fails (mine did with Highview Parking) and you do have to remember the mediator wants you to settle (so don’t be put off and stand your ground), I went on to win.   It’s good practice and you get some more insight into the other side’s argument.   The court also appreciates you trying mediation. 
    The problem with mediation is that one has to discuss the issues which will mean I need to divulge at this point some of the argument in the Witness Statement and Skeleton. I guess what you're suggesting is, since they'll see it anyway, why not worry them at this point?
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