Should I Mediate

JudoCC

I should have read all the stickies before any of this began as I have proper put my foot in it - and found you probably too late. Basically I part-contested a fine after receiving a claim from the County Court Biz Centre early this year.  I didn't realise I owed OPS money for being over the time in a car park in Brighton - I didn't receive any letters. I do vaguely remember as it was 2 years ago, and i'd never parked there before or since. I didn't get a ticket on the window as far as I can remember, but I did run late. Anyway, I part appealed and said I had no correspondence but I did remember being late... and that the fine was outrageous (just under £200), but I was happy to pay the initial charge (which actually I have no idea what that is)

So now I have a DQ that has to be in this week asking for mediation. My question is two fold: 
Because I have part contested and admitted I was over, should I just do the mediation and pay the fine (as it looks like the DCB legal are sharks and would never take a lower amount for any reason) 
If I do pay the fine, do I also have to pay the court fee/legal rep fee that is added on to the initial extortionate amount? (an extra £75)

Obviously in the current lockdown circumstances, any kind of court hearing etc would be pushed way back I expect, but whilst I don't want to pay the full fine amount, I also don't need this hanging over me. 

Any advice would be received with gratitude! Thank you!

D_P_Dance

No but you can ignore.  

https://forums.moneysavingexpert.com/discussion/6116701/let-us-ignore-all-pcns-not-for-milquetoasts/p1

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

twhitehousescat

D_P_Dance said:

No but you can ignore.  

https://forums.moneysavingexpert.com/discussion/6116701/let-us-ignore-all-pcns-not-for-milquetoasts/p1

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

you CANT just "ignore" paper from CC 

KeithP

D_P_Dance said:

No but you can ignore.  

Won't that just result in the Defendant finding themselves with a Default Judgment against them?

I can't help feeling that ignore is not the best option here.

D_P_Dance

Indeed, thank you, I missed that.  

JudoCC

Because this had all begun before the new legislation (which is great btw) and I have submitted an appeal via the CC/ HM Courts & Trial, is it foolish for me to ignore? Surely I'm in the system now? I don't want to get into more trouble. 

D_P_Dance

As I said above, I made a mistake. 

KeithP

JudoCC said:

Because this had all begun before the new legislation (which is great btw) and I have submitted an appeal via the CC/ HM Courts & Trial, is it foolish for me to ignore? Surely I'm in the system now? I don't want to get into more trouble. 

Absolutely right. To ignore is entirely the wrong thing to do.

Le_Kirk

As you have received a DQ (N180) one has to assume you filed a defence (of some sort).  First, to answer your question - NO to mediation; they want £FULL you want to pay £ZERO.  No middle ground will be offered.  Let us see the defence you submitted and see if it can be rescued at witness statement stage.  If they (OPS/solicitor) have added debt admin costs (or similar wording) you should submit the witness statement constructed by Coupon-mad.  She is Sussex based and often offers to help posters from her area.  No doubt she will post later (or early tomorrow morning).

JudoCC

Le_Kirk said:

As you have received a DQ (N180) one has to assume you filed a defence (of some sort).  First, to answer your question - NO to mediation; they want £FULL you want to pay £ZERO.  No middle ground will be offered.  Let us see the defence you submitted and see if it can be rescued at witness statement stage.  If they (OPS/solicitor) have added debt admin costs (or similar wording) you should submit the witness statement constructed by Coupon-mad.  She is Sussex based and often offers to help posters from her area.  No doubt she will post later (or early tomorrow morning).

Thank you for answering. If I post up my defence can the solicitor not see it's me if they were to scroll through? Can I DM? Also, as I said I admitted responsibility and said it was a rip off in my defence ... I read on other threads that that was pretty much a stupid thing to write. I do appreciate you time!

Fruitcake

The claimant/scamlicitors will already have a copy of your defence so it doesn't matter if they see it here. By seeing what you put in it, the regulars here may be able to say what does and doesn't have a chance.

You can't add to your defence without paying a fee, but a carefully constructed witness statement can be used to help your case. As already mentioned, if the scammers/scamlicitors have added fake debt recovery or admin charges on top of the original PCN amount then the WS is where you say this in your own words.

Even if you lose, you should be able to get the fake add-ons removed, and if you are lucky the case may be thrown out as it's an abuse of process.