I think I've messed up my defense is it too late.??

Melabear

So I recently got a parking charge notice and some bad advice to ignore it. It didn't go away obviously and I got a court letter about a ccj. The time stamp between the two images on my fine was 8 seconds and I was there for no longer than 2 minutes, I didn't see the signs and the business was shut etc. 

I was getting some help from a family friend and I really feel I've messed up on my defense after reading these forums (I'll leave my defense below). I think I've done it more as a witness statement. I had no acknowledgement from the court after filing my defense but have since had a email from the solicitor saying about mediation which is a template I believe with their questionnaire but I'm yet to receive one myself. I got told to accept mediation but after reading here I believe that's bad advice. However since my defense is so poor do I accept my losses and get bullied at mediation to pay or could I still beat this? It's causing me so much stress and anxiety but I really don't understand all the technical terms and acronyms. I've read the newbie thread and I'm still struggling to understand. I can't really afford to pay the fine but I'm so clueless so please can someone really dumb it down please help.

TIA

My defense was this...

At the time of the alleged breach I was 38 week pregnant and experiencing stomach pains as well as severe back pain and pulled over in the car park in question. There were multiple cars in the car park when I pulled into the car park (as indicated in the first picture of the parking charge notice). I did not see a sign and was unaware that I was not allowed to stop there. I have since returned to the location and note that the signs are very small and appear to be in an unlit area and are not clearly visible especially at night. (Please see photos attached)

Furthermore the business I parked at was closed so I had no negative impact on the business in question as I didn't take away a parking space for a customer as the premises was closed. I feel the amount of money the claimant wants for me being on his property for barely a few minutes seems disproportionate.

Photos shown indicate a small sign high on a fire escape. A small sign hidden behind the sign for the business. Finally a sign pointing onto the main road adjacent to the car park so not even visible from within the car park as I did not enter the car park from that road. The signs themselves are not visible at night as shown as they are not lit up and I had to go very close to them to read them upon returning to check as they are very small and are all hidden.

(The last bit was explaining the photos I attached as I rang the court and they said I could attach files as evidence) 

Not_A_Hope

Sounds like you might have a county court claim letter rather than an actual county court judgment. Please confirm. 

Your brief defence is not the best but many cases are defended on the basis of poor signage. You can check your defence has been submitted properly on MCOL.

You don’t need to accept mediation via the PPCs solicitor. They will only tell you have no case and to pay.

The court will suggest mediation but you probably want to decline this as well as the PPC will be asking a scandalous amount and you don’t want to pay anything. Let a judge decide. Even if you were to lose it will probably be cheaper than what they are trying to scam you for.

Coupon-mad

Say no to mediation in your N180.

That isn't an awful defence. It is mainly about inconspicuous signage, which can win most defended cases if the Judge agrees with you.

Stick around and elaborate on that defence, with a really solid witness statement and evidence bundle in the month before the hearing, with our help.

Melabear

Not_A_Hope said:

Sounds like you might have a county court claim letter rather than an actual county court judgment. Please confirm. 

Your brief defence is not the best but many cases are defended on the basis of poor signage. You can check your defence has been submitted properly on MCOL.

You don’t need to accept mediation via the PPCs solicitor. They will only tell you have no case and to pay.

The court will suggest mediation but you probably want to decline this as well as the PPC will be asking a scandalous amount and you don’t want to pay anything. Let a judge decide. Even if you were to lose it will probably be cheaper than what they are trying to scam you for.

Yes I have a claim letter you are correct. I cannot log into mcol that's why I rang the cour themselves and they told me to email them my defense so that's what I did. The person helping said they won't look favourably on me not accepting mediation but I don't think mediation will achieve anything. Do I just wait for my questionnaire from the court or do I send it to them myself? Yes my fine is nearly £300 including all the fees etc and I was there for less than 2 minutes!!

Melabear

Coupon-mad said:

Say no to mediation in your N180.

That isn't an awful defence. It is mainly about inconspicuous signage, which can win most defended cases if the Judge agrees with you.

Stick around and elaborate on that defence, with a really solid witness statement and evidence bundle in the month before the hearing, with our help.

Thank you! Do I wait or fill in my questionnaire and send it to them? I saw one thread saying I could download it?

Not_A_Hope

If this questionnaire is the N180 then from the court (rather than a questionnaire or N180 from the PPC solicitors) you should follow the advice in the Newbies thread found near the top of this forum. You can either complete the one sent by the court or download a copy.

It will be useful for you to get familiar with this thread as it give you a step by step guide on what happens next 

Melabear

Not_A_Hope said:

If this questionnaire is the N180 then from the court (rather than a questionnaire or N180 from the PPC solicitors) you should follow the advice in the Newbies thread found near the top of this forum. You can either complete the one sent by the court or download a copy.

It will be useful for you to get familiar with this thread as it give you a step by step guide on what happens next 

The solicitor said they have sent it to the court but I haven't been sent one yet so should I wait or download one?

I don't really understand much of the thread

Umkomaas

The person helping said they won't look favourably on me not accepting mediation but I don't think mediation will achieve anything.

Who are 'they'?  I think your friend needs to do some better research before advising on something they appear not to understand.  If the case got to a hearing, the Judge won't know whether mediation was refused or whether it went ahead without resolution.  He won't know which party caused the mediation to break down. Nor will he be informed. 

Here's the salient point from the link that follows

Anything discussed at a mediation is confidential and ‘without prejudice’. This means it cannot be referred to at a final hearing and it allows the parties freedom to consider other avenues of settlement, without it being detrimental to the case. 

https://elselaw.co.uk/small-claims-mediation-a-brief-overview-useful-tips/

You don't seem to have told us which parking firm is involved, or which solicitors are representing them. Many put you through all the hoops you are now jumping through in the hope that by intimidating you via the work you have to do to defend and the threat of a court appearance, you capitulate and pay them off to get rid of the hassle. Who are they please?

Hang tough!

Melabear

Umkomaas said:

The person helping said they won't look favourably on me not accepting mediation but I don't think mediation will achieve anything.

Who are 'they'?  I think your friend needs to do some better research before advising on something they appear not to understand.  If the case got to a hearing, the Judge won't know whether mediation was refused or whether it went ahead without resolution.  He won't know which party caused the mediation to break down. Nor will he be informed. 

Here's the salient point from the link that follows

Anything discussed at a mediation is confidential and ‘without prejudice’. This means it cannot be referred to at a final hearing and it allows the parties freedom to consider other avenues of settlement, without it being detrimental to the case. 

You don't seem to have told us which parking firm is involved, or which solicitors are representing them. Many put you through all the hoops you are now jumping through in the hope that by intimidating you via the work you have to do to defend and the threat of a court appearance, you capitulate and pay them off to get rid of the hassle. Who are they please?

Hang tough!

Yes she meant the judge so that's great they won't know!

The parking firm is ES parking enforcement ltd and Gladstone's solicitors are their representatives thanks for your help I so appreciate it!

Had to take the link out of your reply haha

Not_A_Hope

Some solicitors like to pressurise and frighten people into paying. Sending a copy of their N180 to you is just part of the process. You can either wait for the court to send you one to complete or download one. I would wait as I think there are two versions where in some trial areas people are being asked an extra question about the mediation.

The more you read in the Newbies thread the more you will understand.

Melabear

i have received this letter? Do I still wait for the questionnaire to come through? Not received one yet.