Fighting a UKCPM CCJ Help

Fruitcake

I don't understand why you think your case is now weaker.

Look at what a solicitor previously told you. 

Johnersh said:

Sooo the contract (which is the document upon which they derive their entitlement to bring the claim) is

1.signed *after* the parking event,
2. is apparently with a company that had been dissolved at the point it was signed by the ppc (or at the very least is ambiguous as to which company it is with)
3. may not strictly require the display of a permit at all.
4. Suggests the ppc were required to supply permits prior to enforcement (which in the o/p's case they did not) 

Hard to see how the o/p can be done for breach of contract if the ppc has failed in respect of their own obligation - assuming that is that there was a contract. 

The alleged contract is very dodgy, didn't comply with the requirements stated therein, and hasn't been signed in accordance with the Companies Act 2006.
The contract being formed AFTER the date of the alleged event should in my opinion be a clincher in its own right.
Even if you lost, it won't cost you more than about £175 - £200 as long as any fake add-ons are disputed as double recovery.

Coupon-mad

Even if you lost, it won't cost you more than about £175 - £200 as long as any fake add-ons are disputed as double recovery.

Just repeating the final line, in case the OP did not realise this?

sofa_searcher

Hi all,
I got totally confused with the mediation hearing. I thought it was the final hearing because I explicitly requested no mediation hearing but yet one was arranged.
I intend on declining the offer tomorrow as I believe the new offer isn't great and I may as well take it right to the end even if I lose. What really put me off and dented my confidence was the mediator that I had on Tuesday. 

Le_Kirk

sofa_searcher said:

I intend on declining the offer tomorrow as I believe the new offer isn't great and I may as well take it right to the end even if I lose. What really put me off and dented my confidence was the mediator that I had on Tuesday. 

This is why we NEVER recommend mediation - shame the CCBC ignored your request for no mediation on your DQ.

Johnersh

Mediation is confidential, cannot be raised before the judge and the Claimant did not make or accept the proposal put by the mediator even once the o/p wavered, so it's not like anyone is in a much better position.

The o/p now needs to consider whether they articulated their points well before the mediator. If not, there is a need to be better next time out - but the approach of the court will obviously be quite different. 

Coupon-mad

Was it Mediation or was it before a Judge? If the latter then it was a Directions Hearing of 30 mins or so, designed to pressure a Defendant to settle and often run by part time Judges who have no idea about the scam of parking charges or what the likely outcome of a full hearing will actually be. 

A lot of rookie Judges wrongly think 'Beavis case, Supreme Court says all parking charges are enforceable, innit!''

Luckily, more experienced Judges have seen all this before and know there is more to it.  And you risk no costs by continuing.

sofa_searcher

Coupon-mad said:

Was it Mediation or was it before a Judge? If the latter then it was a Directions Hearing of 30 mins or so, designed to pressure a Defendant to settle and often run by part time Judges who have no idea about the scam of parking charges or what the likely outcome of a full hearing will actually be. 

A lot of rookie Judges wrongly think 'Beavis case, Supreme Court says all parking charges are enforceable, innit!''

Luckily, more experienced Judges have seen all this before and know there is more to it.  And you risk no costs by continuing.

It was before a judge. It was also clear that the judge and the claimant had been attending to several mediation cases on that day and their main focus as you mentioned was to get the defendant to settle. The claimant barely said a word and all that was asked on them was how much do you typically settle for  

Coupon-mad

It wasn't Mediation then.  It was a Directions Hearing where the Judge is supposed to evaluate the evidence from both sides (briefly) but also try to get the D to settle.  Some Judges take the latter too far and it sounds like that happened in this case, but at least you didn't fall for it!

That is not the aim of the Judge in your full hearing.  Unless you get very very unlucky, you will be heard fairly at the hearing and most people here win.  I wish Directions Hearings (part time) Judges knew the scam that is private parking, and stopped being swayed by a rep and the assumption that the Claimant is always the innocent party.

sofa_searcher

Just to provide an update on this case.

I have yet to receive an update from the court as to the next step. I have declined the Claimant's lower offer of £175 and asked that we take it to court to get a final hearing.

I have some free time tomorrow so I will call the country court to get an update and push for final hearing

Le_Kirk

No contact since March - WOW, -  I would definitely be contacting the court today as a matter of urgency in case the claimant has requested and been given a judgment in default.  Hope all your details (address and e-mail address) that are lodged with court are up-to-date.