Excel parking !!!

Le_Kirk

Marley22 said:

I’m sure I have to pay a hearing cost tho if I don’t accept outcome of mediation 

No, not true.  Though we would never recommend paying, if the outcome of the mediation suits you, it is something to consider.  Your defence is not structured as well as it might have been but it contains the salient points and you will have to construct (with our help) a good witness statement later in the process.  The only way you will pay a hearing fee is if you go to court and lose at the court hearing not at mediation.

Coupon-mad

Marley22 said:

No I sent the N180 form off yesterday accepting mediation because I was scared of going to court 

Excel have sent me a letter this morning about settlement as they now know I responded to court letters so they are trying ti bully me this way now 

I’m sure I have to pay a hearing cost tho if I don’t accept outcome of mediation 

what have I done 😢😞
I honestly do not know what to do nxt can I withdraw from mediation before it’s all arranged an go to court ? Or do I tell excel I’m not settling from there letter 

Probably best to attend mediation because you agreed to it (shouldn't have done - because this will be a bullying 'how much are you offering, lowly Defendant?' phone call - but now you need to look reasonable and carry on).

You'd only have to pay a hearing fee (£25) if you lose.  Almost no-one here loses and there is no risk, no CCJ.  Carry on.

But even if you do lose in the end, it would still be less than the claim, because the added £60 will not be allowed if you follow our advice at witness statement stage. 

And the Manchester Judges are GREAT usually, they know all about private parking firms.

Just say 'no' you are not settling.  End the call early and just hold firm.  No, no, no.

YOU WILL HAVE TO IGNORE THE MEDIATOR WHEN THEY TRY TO SAY YOU HAVE NO CASE!  Their job is to make defendants settle and they are not a Judge.  They bully people to pay.  Say no and stay polite insisting that you owe nothing at all and want your hearing.

You will have to be robust. DON'T be talked into making an offer.  No, no, no.

Put the phone down and end the call if you feel bullied - and tell the Mediator so. Add that you think Mediators should be ashamed for presuming rogue parking firms have a case just because they filed a claim.  The Manchester judges are not of the same view about parking claims, you trust a Judge and you want your case heard.

95Rollers

As above. 

Mediation is a total waste of time.  The only people who benefit are thr parking company or their legals as they get to take your money and reduce their costs/ risks of loss and still net a fat profit!

I told them to poke it when I was offered mediation.  They'll come out with a load of BS about them doing you a favour, offering you a way out and that their case against you is "strong" etc etc. It's just pathetic gaslighting in order to press on any anxieties people may have to wheadle money out of them and reduce their Costs, time-frame and most importantly risk (their cases aren't strong and they lose way more than they win).

They only do it for those above reasons and some of them actually rudely and begrudgingly say they are only doing because the court expects them to which is Utter rubbish as its not mandatory at all.

Excel/ VCS (formerly Captain Clampit wheel Clamping business) are  notorious, relentless and ruthless bullies!  There is endless evidence online.

EDIT - Do NOT be afraid to tell the Court you felt pressured into agreeing to Mediation and still dispute the charge!  Did you not realise that Mediation wasn't the actual hearing and didn't know you could decline it?  From me further reading this post - that is what I perceive has happened.  If I'm right then make sure you explain this early on!!!  

Marley22

I will look into this thankyou 
I don’t think they want to do mediation either as I’m guessing this is why Iv received a letter straight away about it not going to court 

I’m sure they were just wanting to see if I’d respond to moneyclaims court

Marley22

Le_Kirk said:

Marley22 said:

I’m sure I have to pay a hearing cost tho if I don’t accept outcome of mediation 

No, not true.  Though we would never recommend paying, if the outcome of the mediation suits you, it is something to consider.  Your defence is not structured as well as it might have been but it contains the salient points and you will have to construct (with our help) a good witness statement later in the process.  The only way you will pay a hearing fee is if you go to court and lose at the court hearing not at mediation.

Thank you Le Kirk 

i can’t afford either tbh I can’t believe such companies are allowed to do this ,I’m dreading mediation I think they will know exactly what to do an corner me and I know what you mean I had no idea of how to write it as I’m no good with things like this at all

I would be grateful to you and everyone helping so far with this 

Coupon-mad

Marley22 said:

I will look into this thankyou 
I don’t think they want to do mediation either as I’m guessing this is why Iv received a letter straight away about it not going to court 

I’m sure they were just wanting to see if I’d respond to moneyclaims court

No, that's a standard template everyone gets.

They love Mediation.  A chance to get a Mediator to bully you, and make you feel you have no case.

Marley22

Coupon-mad said:

Marley22 said:

No I sent the N180 form off yesterday accepting mediation because I was scared of going to court 

Excel have sent me a letter this morning about settlement as they now know I responded to court letters so they are trying ti bully me this way now 

I’m sure I have to pay a hearing cost tho if I don’t accept outcome of mediation 

what have I done 😢😞
I honestly do not know what to do nxt can I withdraw from mediation before it’s all arranged an go to court ? Or do I tell excel I’m not settling from there letter 

Probably best to attend mediation because you agreed to it (shouldn't have done - because this will be a bullying 'how much are you offering, lowly Defendant?' phone call - but now you need to look reasonable and carry on).

You'd only have to pay a hearing fee (£25) if you lose.  Almost no-one here loses and there is no risk, no CCJ.  Carry on.

But even if you do lose in the end, it would still be less than the claim, because the added £60 will not be allowed if you follow our advice at witness statement stage. 

And the Manchester Judges are GREAT usually, they know all about private parking firms.

Just say 'no' you are not settling.  End the call early and just hold firm.  No, no, no.

YOU WILL HAVE TO IGNORE THE MEDIATOR WHEN THEY TRY TO SAY YOU HAVE NO CASE!  Their job is to make defendants settle and they are not a Judge.  They bully people to pay.  Say no and stay polite insisting that you owe nothing at all and want your hearing.

You will have to be robust. DON'T be talked into making an offer.  No, no, no.

Put the phone down and end the call if you feel bullied - and tell the Mediator so. Add that you think Mediators should be ashamed for presuming rogue parking firms have a case just because they filed a claim.  The Manchester judges are not of the same view about parking claims, you trust a Judge and you want your case heard.

The mediation is over the telephone so mediation service told me an they said they wasn’t a judge and they just listened to either side and relayed information

should I say no on the first mediation call ? 

thank you for your help has made me feel a lot better talking to people on here today 

Marley22

95Rollers said:

As above. 

Mediation is a total waste of time.  The only people who benefit are thr parking company or their legals as they get to take your money and reduce their costs/ risks of loss and still net a fat profit!

I told them to poke it when I was offered mediation.  They'll come out with a load of BS about them doing you a favour, offering you a way out and that their case against you is "strong" etc etc. It's just pathetic gaslighting in order to press on any anxieties people may have to wheadle money out of them and reduce their Costs, time-frame and most importantly risk (their cases aren't strong and they lose way more than they win).

They only do it for those above reasons and some of them actually rudely and begrudgingly say they are only doing because the court expects them to which is Utter rubbish as its not mandatory at all.

Excel/ VCS (formerly Captain Clampit wheel Clamping business) are  notorious, relentless and ruthless bullies!  There is endless evidence online.

EDIT - Do NOT be afraid to tell the Court you felt pressured into agreeing to Mediation and still dispute the charge!  Did you not realise that Mediation wasn't the actual hearing and didn't know you could decline it?  From me further reading this post - that is what I perceive has happened.  If I'm right then make sure you explain this early on!!!  

I have felt pressured from the 1st letter an ignored it an all the others as I know I paid the parking because my godmother gave me the money for it
I didn’t know what to expect from court/mediation an got scared an thought mediation would help and stop them from harassing me , I didn’t know they favour people like excel more , until I seen this forum 

I feel like an idiot 

Marley22

Coupon-mad said:

Marley22 said:

I will look into this thankyou 
I don’t think they want to do mediation either as I’m guessing this is why Iv received a letter straight away about it not going to court 

I’m sure they were just wanting to see if I’d respond to moneyclaims court

No, that's a standard template everyone gets.

They love Mediation.  A chance to get a Mediator to bully you, and make you feel you have no case.

They sent me a letter tho to settle this morning an I only sent the N180 back yesterday 

I’m going to say no I’m not settling tho when mediation happens is that right 

Coupon-mad

Yes that is right.

Yes, it's a bullying phone call.  Put the phone down after being polite but saying what I advised you to say.  This is why we tell people not to agree to it.

No harm done, as long as you DO NOT offer money.  You do not have to.  End the call politely.