Court mediation and changing my mind

flora55

I received a parking ticket for parking in my own car park for which I have a permit. The PPC say that the permit wasn't visible and gave me a photograph of my car. I think it had slipped to the side. I ignored all the letters until the court papers were issued and I agreed to mediation which was yesterday. During the mediation the PPC said they could reduce the amount (lby half) and I could pay monthly but I had to agree to that in the next hour or they were withdrawing their offer. They didn't care that the car park is for my flat and that the car had a valid permit (which they issued!). I agreed but now I want to go to court because I'm so angry to be forced to pay to park my own car where I live and where I have a permit for! They put me under a lot of pressure which is why I agreed. So does anyone know...

- can I cancel what I agreed to in mediation and go to court?
- will the fact I ignored all their letters until the court papers one affect my defence?
- I don't have any of the paperwork I have been sent but I remember the solicitors are Gladstones?
- Can I still win the case even though they have a photograph of my windscreen without the permit in it?

To anyone who has gone through the process and won... was it worth it or was it a hell of a lot of work deciphering the legal terminology and preparing a defence etc.

Coupon-mad

I ignored all the letters until the court papers were issued and I agreed to mediation which was yesterday. During the mediation the PPC said they could reduce the amount (lby half) and I could pay monthly but I had to agree to that in the next hour or they were withdrawing their offer.

I think you are stuck with what you agreed.

You should never have accepted Mediation.  

 They put me under a lot of pressure which is why I agreed

That's why our clear advice is not to do Mediation. I am sorry, you've been  scammed by the court and the PPC working together to avoid the hearing that you would have won.

flora55

Oh no!!! I should have read this board first. I have emailed the mediator and said I've changed my mind as I have now read my lease which said I'm allowed to park there (I think). I will see what she says.

Coupon-mad

See what @Johnersh says as he is a solicitor.

I could be wrong but I worry this might look unreasonable.

flora55

Ok, thank you. I will post here what the mediator says when she replies to me too in case anyone else finds themselves in the same situation.

Coupon-mad

She bullied you and the PPC took advantage

I hope you are able to change your mind like this...you could even tell her you felt between them they unfairly pressured you.  I just don't know if this will look unreasonable on your part.

bargepole

You can withdraw from mediation at any point.

Even if the telephone mediation has started, and the mediator says 'can you confirm that you are prepared to make a substantial offer of settlement', you just say 'no, I'm not prepared to offer anything, I believe I ill win in court', 

End of mediation call.

Coupon-mad

But they agreed to pay.  Can they renege?

Johnersh

What does the memorandum of agreement say?
Was there a consent order?

In principle, you probably could renege, but you'd need to be clear on your reasons for doing that. There would also be litigation risk going forward.

When was the material supplied? No one should be ambushed with wholly new evidence during a mediation. Clearly if the o/p has had time to prepare for 7 days with a photo available, any argument of undue pressure is probably feeble, isn't it? 

Fruitcake

The OP needs to read their lease and see what it says about parking, permits, PPCs, paying PPCs etcetera.

If they have a right to park and a right to quiet enjoyment then they may have cause to issue a claim of their own against the PPC for a data breach.

zhonguonuren

With mediation you are agreeing to compromise - which is a willingness to consider a reduced payment.  I always thought if you agree after the discussions have taken place, it is legally binding and there is a follow up email to confirm.  

It’s very sad when the parking companies prey on victims unfamiliar with the system.  

Hope I am wrong OP and wish you the best of luck.  Zhong