CCJ from EPS - Need set aside advice please!

FGLLA

I received a notice today that the case has been allocated to the small claims track and to file a N180 Form which Ill be doing shortly.

It talks about mediation and settling out of court. I made my previous drop hands offer via email 7 days ago, which is to expire today, I guess with the forms now I'll have to propose the settlement again? Should I let the Court know on the forms I have already made a settlement offer?

KeithP

FGLLA said:

I received a notice today that the case has been allocated to the small claims track and to file a N180 Form which Ill be doing shortly.

Guidance on how to answer every question on that form is in Bargepole's 'what happens when' post linked from the second post of the NEWBIES thread.

FGLLA said:

It talks about mediation and settling out of court. I made my previous drop hands offer via email 7 days ago, which is to expire today, I guess with the forms now I'll have to propose the settlement again? Should I let the Court know on the forms I have already made a settlement offer?

No need to bother with any of that.

FGLLA

KeithP said:

FGLLA said:

I received a notice today that the case has been allocated to the small claims track and to file a N180 Form which Ill be doing shortly.

Guidance on how to answer every question on that form is in Bargepole's 'what happens when' post linked from the second post of the NEWBIES thread.

FGLLA said:

It talks about mediation and settling out of court. I made my previous drop hands offer via email 7 days ago, which is to expire today, I guess with the forms now I'll have to propose the settlement again? Should I let the Court know on the forms I have already made a settlement offer?

No need to bother with any of that.

Thanks. Read the link.
Interesting, I would've thought going through mediation would make you look more favourable to the courts?

Won't they ask why I didn't go through mediation?
I guess at mediation the claimant can't drop the claim?

KeithP

FGLLA said:

Interesting, I would've thought going through mediation would make you look more favourable to the courts?

Won't they ask why I didn't go through mediation?

I don't believe the court actually knows whether you have taken part in mediation or not.

FGLLA said:

I guess at mediation the claimant can't drop the claim?

The Claimant can drop the claim at any time they like - right up to the courtroom door.

But the Claimant definitely will not be dropping a Claim at Mediation. Why would they?

Le_Kirk

Mediation scenario: -
Mediator "good afternoon Mr/Mrs Defendant, how much do you want to pay?"
Defendant "Exactly £ZERO"
Mediator "good afternoon Mr Claimant, how much will you accept?"
Claimant "£FULL"
End of mediation!

nosferatu1001

File the warrant of control
Add the amount to their bill
If you have any account numbers for them - for example to make an online payment - you can add this info to the warrant, and they court can freeze those accounts. 

FGLLA

Thanks guys.
Just out of interest then, what kind of claim would benefit from mediation?

nosferatu1001

One where both sides agree something is owed ,but differ on how much
For example a builder failed to complete works as agreed, and the principal hires someoen to complete the work. THey can both agree work needed doing, but the builder could claim less was needed than was paid for. 

Coupon-mad

FGLLA said:

Thanks guys.
Just out of interest then, what kind of claim would benefit from mediation?

One where you were the Claimant!
It isn't in the interests of a Defendant to a parking case and it merely a bullying exercise to pressure you to settle and save court time.

Can't recall if you've done this already but for anyone with a parking charge who wants to change things in future:

PLEASE CHANNEL YOUR ANGER ABOUT THIS PATHETIC CHARGE TO CHANGE THE WAY THE PARKING INDUSTRY WORK:

CALLING ALL NEWBIES! 

 

An urgent task – deadline approaching in a week or so:

Please now make a real difference because not enough people have yet, and time is running out. 

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED:

1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

 

2.    Register, log into the BSI page, and download & read the cover letter here:

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

 

3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

 

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

 

5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!

There is a discussion about PAS submissions and what the pages look like, here:

https://forums.moneysavingexpert.com/discussion/6195417/am-i-doing-something-wrong/p1