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NEWBIES L B C AND DEBT CLAIM

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  • Just a heads up - DON'T AGREE TO MEDIATION AGAIN.

    It's a bullying process designed to make Defendants settle.
    Thank you, yes the only thing i was worried about is if the court takes a dim view of this, but no i wont be ticking the mediation box. Also i apologise if there are a lot of pages on this thread, most of which has been comments and letters from myself, but I don't think i have gone over board. 
  • Umkomaas
    Umkomaas Posts: 43,386 Forumite
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    edited 27 November 2020 at 6:29PM
    Darren104 said:
    Just a heads up - DON'T AGREE TO MEDIATION AGAIN.

    It's a bullying process designed to make Defendants settle.
    Thank you, yes the only thing i was worried about is if the court takes a dim view of this, 
    Much of this stuff is researchable using Google. That way it relieves the pressure on regulars to answer very basic questions because research becomes too much trouble when it can be left to others to do the job. 

    Had the most basic of searches been carried out, on the website that gives all official information on small claims procedures, surely this very clear statement would be obvious:
    The session is confidential – if a solution is not found and your case goes to court, the court will not be told any of the mediation details.
    https://www.gov.uk/guidance/small-claims-mediation-service
    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
  • It just seems like extreme hand-holding to be at (now) 12 pages over what is only an LBC.

    This is a forum - I am allowed my opinion (as long as it doesn't breach any forum rules, which I don't think it does). :)
    Please don't post any more negative comments on my thread again, its unhelpful to myself and other members, particularly  newbies. 
  • "Yes i have received the machine records so there was another machine working at the time, so cant argue with that."

    You can.  PPC's have been known to doctor records to suit their purpose. Also not all ticket machines have signage and are sometimes difficult to locate. One of the suggestions in the public consultation of the new CoP  is the the signage should state the locations of the ticket machines. 

    The PPC's do not pay out £60.00 for debt collection. The collection agents work on a no collection no fee basis. 

    Mediation is effective in certain situations. Parking claims is not one of them 

    Nolite te bast--des carborundorum.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Darren104 said:
    Just a heads up - DON'T AGREE TO MEDIATION AGAIN.

    It's a bullying process designed to make Defendants settle.
    Thank you, yes the only thing i was worried about is if the court takes a dim view of this, but no i wont be ticking the mediation box. Also i apologise if there are a lot of pages on this thread, most of which has been comments and letters from myself, but I don't think i have gone over board. 
    As Coupon-mad has said. Mediation is very dodgy, you don't have a clue who you are talking to, could be a bloke from your corner shop.  Mostly they are ex retired solicitors.  In real life though, REAL solicitors won't touch the parking scam industry, they leave it to the dodgy boys. If the mediator is an ex solicitor, he simply will not have a clue ..... that's why you would lose.

  • You can.  PPC's have been known to doctor records to suit their purpose. Also not all ticket machines have signage and are sometimes difficult to locate. One of the suggestions in the public consultation of the new CoP  is the the signage should state the locations of the ticket machines. 
    The PPC's do not pay out £60.00 for debt collection. The collection agents work on a no collection no fee basis. 
    Mediation is effective in certain situations. Parking claims is not one of them 
    Wow, Superb advice Snakes thank you, I will definitely  being using your points. Two machines on site, no location signs and I will scrutinize there records plus not do mediation.  :)
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
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    edited 29 November 2020 at 4:09AM
    Mediation is useful for something like an insurance claim where liability has already been admitted  and it is a question of the amount of damages. When say someone has been off work for two years and had a couple operations as a result of an accident then they might not want to leave the outcome to a court hearing. 

    In the case of parking claims the parking company will want most of the claim and it will result in an impasse which is a waste of everyone's time.

    You could of course go to mediation and offer them the actual amount of the parking tariff that you would have paid on the day if you have the time to waste. 

    Nolite te bast--des carborundorum.
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
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    edited 28 November 2020 at 7:19PM
    https://www.google.com/maps/@52.5816947,-2.1313108,3a,37.5y,115.64h,93.26t/data=!3m6!1e1!3m4!1sjn1LOCsc

    Took a look at the car park. There is a ticket machine near the entrance and another located in the lower part of the car park. The ticket machine in the lower part of the car park is not very easy to spot. Neither ticket machines have "pay here" signs over the top and are black. 

    I don't know whether it is possible to access the new CoP but I definitely remember a comment regarding stating the location of the ticket machines on the signage.  

    Nolite te bast--des carborundorum.
  • Darren104
    Darren104 Posts: 85 Forumite
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    edited 28 November 2020 at 8:33PM
    https://www.google.com/maps/@52.5816947,-2.1313108,3a,37.5y,115.64h,93.26t/data=!3m6!1e1!3m4!1sjn1LOCsc

    Took a look at the car park. There is a ticket machine near the entrance and another located in the lower part of the car park. The ticket machine in the lower part of the car park is not very easy to spot. Neither ticket machines have "pay here" signs over the top and are black. 

    I don't know whether it is possible to access the new CoP but I definitely remember a comment regarding stating the location of the ticket machines on the signage.  
    Yes i know, i have made a recent visit, and they have since also added the full terms and conditions signage near entrance and lowered the PCN charges from  £60 and £30 (if paid before within 14 days). Also the the wording at the bottom of the entrance sign where it says you are agreeing to the contract is very small print. You have to strain your neck in the car to view the sign anyway so wrongfully placed . I will try and locate and have a read of the new COP. Thanks 
  • You can go back on google maps to different dates. 

    Nolite te bast--des carborundorum.
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