Highview Parking after 4 years send a claim form

stutakesphotos

Will do, thank you @KeithP

stutakesphotos

Hello all

Highview have confirmed they intend to proceed with the claim.  They have provided a pre-filled Directions Questionnaire with the question "Do you agree to this case being referred to the Small Claims Mediation Service" ticked.  I don't think I'll accept that offer.  I don't believe anyone here has gone for that.  I can only presume people take that up because of their fear of court.  

No change to the MCOL Claim History.

D_P_Dance

IMO, mediation is unsuitable in parking claims.

Redx

stutakesphotos said:

Hello all

Highview have confirmed they intend to proceed with the claim.  They have provided a pre-filled Directions Questionnaire with the question "Do you agree to this case being referred to the Small Claims Mediation Service" ticked.  I don't think I'll accept that offer.  I don't believe anyone here has gone for that.  I can only presume people take that up because of their fear of court.  

No change to the MCOL Claim History.

Ok , as expected , Keep following the 12 numbered steps by KeithP written in the defence template post by coupon mad in announcements , plus the Bargepole guide to the process , in her newbies FAQ sticky thread near the top of the forum in announcements , second post

Just file that latest letter , no action at all , except keep checking MCOL claim history , for your proper DQ stage letter being posted

stutakesphotos

Thanks all. Have a great day 

Coupon-mad

D_P_Dance said:

IMO, mediation is unsuitable in parking claims.

Just a heads up for everyone - that might change soon (this year?) so we need to be careful what we tell people:

https://www.lawgazette.co.uk/news/force-small-claims-into-mediation-says-cjc/5111341.article

https://www.judiciary.uk/wp-content/uploads/2022/01/20220125-CJC-Small-Claims-Report-FINAL-2.pdf

4.15
"If compulsion is to be effective there has to be some effective sanction if a party refuses to mediate.
The Working Party believes that:
c) If a Claimant refuses to mediate, the claim should be stayed (to allow compliance), 67 and thereafter struck out68 after a set period of time; 69 and
d) If a Defendant refuses to comply, there could be costs sanctions (the rule could be amended to provide a rebuttable presumption that the refusal was unreasonable for the purposes of CPR 27.14 (2)(g)."


and see 2.7 and other mentions of parking cases:

"Another SCMS working group has been formed to begin looking at particular types of ‘bulk cases’, with a view to proposing different ways of dealing with them other than referral to the SCMS. One example of these claims is car parking charges claims.

This working group has formed a preliminary view that such bulk cases may benefit more from a separate ADR process rather than a full small claims mediation process. It is hoped to test the concept in a pilot. Again, the Working Party welcomes this step."

Le_Kirk

Coupon-mad said:

D_P_Dance said:

IMO, mediation is unsuitable in parking claims.

Just a heads up for everyone - that might change soon (this year?) so we need to be careful what we tell people: <SNIP>

Interesting @Coupon-mad; that seems to go against the concept that mediation is only for when guilt/liability has been agreed, for example in insurance cases, where mediation is used for deciding the level of damages.  Otherwise what they are saying is it it OK for a non-legal person (a mediator) to try to decide the outcome of a case without a judge being present and without the benefit of legal argument!  Maybe this needs its own thread.  I did think long before replying so as not to divert attention away from the OP's case.

Coupon-mad

Yep I think new thread will be worth doing about that soon.

But as this is not changing just yet and the new CoP and response to the August Public Consultation must be due soon maybe it's better we wait a bit and have a whole new thread and strategy discussion then.

Lots will have to change quite quickly: appeals approach, template defence et al.

stutakesphotos

This is interesting.  I wonder what the trigger is for this possible change?

Redx

stutakesphotos said:

This is interesting.  I wonder what the trigger is for this possible change?

The logjams in the courts , meaning that parking PCN issues need reassessment , especially with a new CoP due this summer , perhaps a better way , the current small claims system was never suitable