Parking Ticket - Mediation Stage

Seaofchange

I've read the Newbies threads, but would be really  grateful for any more help!
I received an invoice for using an NCP car park a few years ago! They claim I didn't pay! I inserted coins and reg details! No ticket was given, so I tried to read the terms and conditions which was impossible.  Last year, I received a letter from the court in Northampton. With the help of this forum, I sent in a defence. I did not say who the driver was, and cited faulty machine, tiny letters on terms and conditions which I'd tried to read to find out about no ticket coming out of machine and the extra £60 charge which was suddenly added at some stage of the letters! I  would still like some help please, regarding the following:
1. At what stage if ever, do I admit to being the driver? Is it during mediation or when you write your witness statement (I'm assuming mediation, for which I have  a date won't work)! Or is the Witness Statement written in the third person?
2. After sending in my defence and further research, I read that the Notice to Keeper has to be sent to the keeper within 14 days, if no PCN on window screen. Is this correct? I received NTK after 40 days. Can I bring this up in court, as NCP not complying with POFA?
3. There was a sign close to entrance, but the terms and conditions at side of the entrance as you drive in, were behind a rail and too small to read. Will the judge  be looking at signage close to entrance that stated a fine if you park without paying etc, or the whole terms and conditions?
Thank you for any help!

beamerguy

1. At what stage if ever, do I admit to being the driver? Is it during mediation

YOU DON'T ?   and, you reject mediation because it's a 99% lose

Have you been asked for mediation ???

Fruitcake

A keeper cannot be held liable if the NTK is not PoFA compliant. You are correct that the scammers have fourteen days to give the NTK to the keeper where no NTD was issued. The date of the alleged event is day zero.

The problem comes if the judge asks the defendant if they were the driver.

The only acceptable answers are, 
Yes - but PoFA no longer applies
No - PoFA applies.
I don't know. On the balance of probability, PoFA applies if others could have been driving.

The answer must also be true.

You say the alleged event was several years ago. It would be perfectly reasonable not to remember who was driving on an unremarkable day so long ago, especially if other friends or family members were on the insurance and/or had access to the vehicle.

Mediation is a bad idea and favours the claimant. Undue pressure will be put on the defendant to crumble and pay, or admit liability. Cancel it if at all possible.

Coupon-mad

Why on earth are you at Mediation stage, when the NEWBIES THREAD makes it clear not to? 

You need to re-read the info underneath the red heading in post #2 of the NEWBIES thread, called:  'IMPORTANT - KNOW WHAT HAPPENS WHEN'.

D_P_Dance

Mediation is not appropriate for alleged BOCs from  PPCs.  Have you read the newbies?  Have you complained to your MP/

Snakes_Belly

Mediation does not really work in parking claims.  These are totally disputed claims. It's not as if you have had some work done of which some of the work is unsatisfactory or an insurance claim where you have been made an offer but it is not enough.

They will probably want at least two thirds of the amount claimed and you will want to pay them £10 to £20 admin costs. It will be an impasse and a waste of your time.

Mediation does work in some situations. Parking claims are not one of them.



  

beamerguy

Snakes_Belly said:

Mediation does not really work in parking claims.  These are totally disputed claims. It's not as if you have had some work done of which some of the work is unsatisfactory or an insurance claim where you have been made an offer but it is not enough.

They will probably want at least two thirds of the amount claimed and you will want to pay them £10 to £20 admin costs. It will be an impasse and a waste of your time.

Mediation does work in some situations. Parking claims are not one of them.



  

The problem with mediation is the person listening to both sides, has probably a lack of knowledge of the parking industry.   It could even be the circuit judge in the OPS case 

doogan88

My Parking ticket goes to mediation on Tuesday. I haven't kept any of the letters as when I googled the firm it said scammers.
same with the solicitors etc. I gave a reply saying I don't pay pay to scaremongers and didn't agree to a contract nor did I acknowledge. or something along those lines.
I'm tempted to cancel mediation with what I have read today as I was only going to tell them I don't agree to the fine or costs and I don't wish to pay?
bit of a techno tart and couldn't find the post I needed on here to help.
any suggestions welcome thanks

Fruitcake

doogan88 said:

My Parking ticket goes to mediation on Tuesday. I haven't kept any of the letters as when I googled the firm it said scammers.
same with the solicitors etc. I gave a reply saying I don't pay pay to scaremongers and didn't agree to a contract nor did I acknowledge. or something along those lines.
I'm tempted to cancel mediation with what I have read today as I was only going to tell them I don't agree to the fine or costs and I don't wish to pay?
bit of a techno tart and couldn't find the post I needed on here to help.
any suggestions welcome thanks

If you need help with your PCN, I suggest you read the sticky Announcement for NEWBIES, then start your own thread if you need further help.