Mediation request

seaney76

I recently received a money claim request against me from parallel parking Ltd for a pcn, in my defence I stated all the legal data in relation to signage and correct notification. 

Their solicitor has now requested a mediation meeting to discuss the matter! Has anyone ever Heard of this happening or ever experienced it. In my opinion they are seeking mediation as they realise the county court won’t rule in their favour. And wish to try and recover some form of money 

Fruitcake

Have you been following the guide to court that you will find in the NEWBIES? This tells you not to agree to mediation. The mediators tend to be on the side of the PPC.

Mediation goes something like this.

PPC: Pay up
Defendant: No
Mediator: Go on, I think you should pay up.
Defendant: No

End of mediation.

It is a pointless waste of time, so just say no.

Coupon-mad

The 2nd post of the NEWBIES thread section, under the red heading IMPORTANT - KNOW WHAT HAPPENS WHEN' is what you need to read first.

And have you seen the news last month, that things have changed for the better recently?

Read the whole new DLUHC Code of Practice because it covers all the usual points and issues, and states the best practice position.

Not retrospective but you can use it in a WS to effectively say 'Here's what a professional parking firm should have done'.

I've created a new paragraph 4 onwards to replace the template defence, which covers the fact that debt recover pseudo 'costs' are now banned:

https://forums.moneysavingexpert.com/discussion/comment/79031299/#Comment_79031299

That new wording explains to a Judge why that is relevant for existing cases, too.  Some of that can be used in witness statements and we are encouraging everyone with a claim that includes the 'extortionate' fake costs to deal with that more robustly than ever.

It covers the very welcome statutory Code of Practice produced by the DLUHC on 7th February, the development for which included my personal involvement and attendance in the Government's Steering Group since 2020, which I was not able to admit until afterwards.

Fully discussed in bargepole's thread here, so newbies can understand this ground-breaking news and the changes:

https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

  

95Rollers

Fruitcake said:

Have you been following the guide to court that you will find in the NEWBIES? This tells you not to agree to mediation. The mediators tend to be on the side of the PPC.

Mediation goes something like this.

PPC: Pay up
Defendant: No
Mediator: Go on, I think you should pay up.
Defendant: No

End of mediation.

It is a pointless waste of time, so just say no.

This pretty much sums it up.  The only people who benefit in this are the parking company.  Basically they've probably inflated their original £100 claim up to around £260 upwards.  £35 of that is what they've paid the court to file claimand the rest is fantasy inflated claims for "debt recovery" etc and fees for Court reps etc which is speculative at best.  So by doing Mediation they might knock some of these fantasy costs off, and bring it down a little. This is only a bargaining tool to benefit themselves as it will cost them more money to take a case to court and there is a high chance of losing. Its a total self servicing exercise. By shaving off fantasy figures which would likely be struck off in court anyway in order to increase their profit margins and make their lives easier!  Don't waste your time. They could of mediated from the get-go by asking for £10 or something you might of paid just to get them off your back (like when people give £1 or £2 to an aggressive beggar to get shot of them!).

seaney76

I have a mediation hearing at county court tomorrow with parallel parking, has anyone been to one 

Coupon-mad

seaney76 said:

I have a mediation hearing at county court tomorrow with parallel parking, has anyone been to one 

We have read loads of accounts and they are bullying rubbish where you are told you have no case.  Complete waste of time; expect to feel pressured to settle.

Court mediation is useless.

Is this 'Mediation' or is it a 'Directions  hearing' with a Judge that you had no choice over?

Say no to settlement (DO NOT CONCEDE) and be ready to voice your areas of dispute, if this is before a Judge, because they have the power to make a decision on the spot if they think one party has no prospects of success.

Snakes_Belly

They are suitable in some scenarios but parking claims are not one of them for the reasons stated in the posts above. 

It can be useful in insurance claims. For example if you slipped on spillage in a supermarket and they had accepted liability. You may go to mediation regarding the compensation payout. 

Grizebeck

Is it a resolution hearing?

seaney76

It’s actually listed as a dispute resolution hearing before a district judge. This has been ongoing from 2021 they are asking for £100, 
the initial pcn was £70 reduced to half of paid earlier. I refused on the grounds the signage was inadequate and did not stipulate what boundaries they applied too. 

Grizebeck

Yes as above
Waste of time
Neither side can claim costs in these hearings

seaney76

As expected waste of time 
will go to a final hearing