Had an excess charge notice (private land) September 2016. I won, I think!

Coupon-mad

Doesn't matter. Same as on all the other defence threads.

TW100

Hi all.  Just an update.  After submitting my defence, I have now received a letter regarding the mediation.  
I presume that I just go to court with this matter as I cannot see what good the mediation will do in this circumstance?  Can you advise on this please to help me?  I'm not sure what to do at this stage.  Does mediation help my case?

With regard to getting the defence in time.  I spent hours writing up my defence.  When I had to submit it online, it only allows for 171 lines to be written, so I had to condense it down to this which was stressful.  I wish I had known this before.  Also, if you are defending a claim you only have 28 days to submit not 33 days.

KeithP

TW100 said:

With regard to getting the defence in time.  I spent hours writing up my defence.  When I had to submit it online, it only allows for 171 lines to be written, so I had to condense it down to this which was stressful.  I wish I had known this before. 

It was not necessary for you to condense your Defence to 171 lines. You chose to do that rather than follow the guidance you had been freely given.

In my post on your very own thread on 18 December 2021 at 8:03PM I wrote:

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Notice those words 'by email' in there?

In that same post I wrote:

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

You thanked that post but apparently didn't read it.

TW100 said:

Also, if you are defending a claim you only have 28 days to submit not 33 days.

That simply is not true.

The back of your County Court Claim Form tells you:

Note the lasts sentence there - "The day of service is taken as 5 days after the issue date shown overleaf".

It goes on to say:

This is confirmed in the Money Claim Online (MCOL) - User Guide, which also explains that a Defence is never due on a non-working day.

On page 14 of that document it says:

How long does the defendant have to respond to my claim?

The court will send out a claim pack to each defendant once the claim has been issued and allows 5 calendar days from the date of issue for the service of the claim. Therefore the 'date of service' is the 5th calendar day after issue.

The defendant has 14 calendar days from the 'date of service' to file a response. If the last day for filing the response falls on a day that the court is not open (i.e. a weekend or public holiday), the court will allow the next full working day for a response. The defendant can extend the time to respond to 28 calendar days by filing an acknowledgment of service (AOS).

TW100 said:

After submitting my defence, I have now received a letter regarding the mediation.  
I presume that I just go to court with this matter as I cannot see what good the mediation will do in this circumstance?  Can you advise on this please to help me?  I'm not sure what to do at this stage.  Does mediation help my case?

In that list you were following, or rather, not following, when you filed your Defence it says:

I suggest you now read that post by Bargepole as it tells you exactly how to answer every question on your Directions Questionnaire.

Obviously you won't be filing your DQ "in the same way as your Defence was filed earlier", but will instead be referring to items 1, 2, 3, and 4 on the above mentioned list which describe how you should've filed your Defence.

Redx

As above , everything KeithP says and quotes is correct , so I am afraid that your statements about how to submit the defence and the times etc are incorrect , fiction , nothing more

Do not make any more mistakes due to lack of reading and research, we have guides telling you what to do so have no Idea why you ignored them all

Mediation in these parking claims is useless , we have many explanations as to why , I have read dozens over the years here. Mediation is not about helping your case , it's about reaching a settlement between the 2 opposing parties ( so nothing to do with the case , just the money )

Follow the guide by Bargepole , posted several years ago on here , mentioned above by the very well informed KeithP , plus those 12 numbered steps that he authored too 👍👍

TW100

Hi all.  I've finally finished my witness statement and defence so it's in the judge's hands now.  I did have a little wobble a few weeks ago and was going to make the payment to Gladstones but my daughter talked me out of it.  I'm now glad I didn't give in.  After many, many hours of work and stress, I will be glad to see the back of this, win or lose.  But thanks to all for your help, advice, guidance, and support.

KeithP

TW100 said:

Hi all.  I've finally finished my witness statement and defence so it's in the judge's hands now.

No, it's not all in the Judge's hands now. You of course will be attending any hearing and be prepared to amplify your case and answer any questions posed by the Judge and the Claimant's representative.

Coupon-mad

TW100 said:

Hi all.  I've finally finished my witness statement and defence so it's in the judge's hands now.  I did have a little wobble a few weeks ago and was going to make the payment to Gladstones but my daughter talked me out of it.  I'm now glad I didn't give in.  After many, many hours of work and stress, I will be glad to see the back of this, win or lose.  But thanks to all for your help, advice, guidance, and support.

As long as you didn't agree to a hearing 'on the papers' (sincerely hope not!) then as Keith says, much will be down to what you say at the hearing.

Read the thread this week by @lissylou - she did it!

TW100

I had no idea what hearing 'on the papers' meant, so just looked it up.  Christ guys, you frighten the hell out of me sometimes!  No, I did not agree to that.  Yes, I read the thread by @lissylou.  Fantastic outcome.  I'm totally prepared to answer all questions and my very long and detailed witness statement and defence are clearly etched into my brain.  I have thought of nothing else, which is stupid, however, I am definitely prepared. 

TW100

So, update.   Had my hearing today at 10 am.  Up early, ready, prepared.  Got to the reception at the court and was told that the case had been settled.  What the hell?  I left there feeling robbed and disappointed.  All the work I put in and I really did want my time in court, but I guess it is good news.  I am baffled as to why I was not informed. Apparently, the decision to settle by the claimant was made five days ago.  Months and months of research and preparation and it's all over!  Just like that!

Coupon-mad

Settled?  Do you mean discontinued?

ANOTHER ONE BITES THE DUST!

If you were not informed, you could have insisted on seeing the Judge for ten minutes to argue for your costs.  Probably too late now but you could try an email like in this case:

Residential PCN (initially lost at POPLA, of course)

Premier Park Ltd ordered to pay £500 in costs for unreasonable late discontinuance at Southampton County Court (includes all orders and judgment transcript following his application for a costs hearing:  Premier Park v S Jones):

https://forums.moneysavingexpert.com/discussion/6271727/residential-pcn-premier-park-ltd-ordered-to-pay-500-in-costs-at-southampton-county-court

The letter to the Judge asking for costs is interesting; it was treated as an 'application' by the Court:

https://www.dropbox.com/s/pjuljss3bo0totu/04%20C%20TWIMC%20%2B%20Costs%20Hearing%20Legal%20Arguement.pdf?dl=0

The OP said:

"The 05 Witness Statement is interesting and quotes a post from this forum. The statement by Mr Byers-Nolan was riddled with errors and inconsistencies, ignored the main points of the case and was delivered so late that the Judge ignored it. As he did with my skeleton argument…
 
You might think I would be steaming with anger with PP, BW Legal, DRP, Gladstones, CST Law, Zenith Collections et al, but no. If POPLA are going to boast on their website that they take “into consideration the relevant law, guidance and standards and the BPA Code of Practice.” they should do exactly that. Don’t employ someone with experience of “conflict resolution” and “problem solving” to decide on points of law. How about employing someone with a legal background to decide on legal matters? The new Government CoP will hopefully remove POPLA from the equation.

And finally, for the Premier Park Ltd and BW Legal employees who lurk on this forum: we still have a BIG problem with the other 24 PCNs you plastered my vehicles with, don’t we?"