mediation services has been set

Ali161592

I am stressing out about the parking charge its been issued to me for not parking properly in the bay.
i have visited a business centre and parked my car not directly in the bay in the photo my car wheel was out of the line.
when I was parking my car I had a bad stomach and just had a chance to run to MacDonald for the toilet, I am sorry if I say this in here.
when I back i saw a ticket on my car, 
when I recived a phone call from UKPC I explained the situation and mentioned there was no sign and 2 signs it was instaled after the time I recived the ticket in 2 location 
but then i had recived the court claim form and I responded in the claim form that I have a dispute but i did not explain and I did not make my defence in that claim form.
then I recived a letter going to court or accepting mediation service again I did not get any advice and i accepted mediation service without even knowing what it was and what I must do,
 The service is now booked for next week and i am highly stressed out what I must do and what should i say.
if anyone can advise me it is a big help to those who lost their job last year and struggling badly financially.
Below i attached the photo of the PCN if anyone can help me.
if anyone looks into the photo can see the wall is angled the bay is small and it's just designed for trapping drivers, if the white car was as long as mine it definitely received the PCN, this is so unfair to design space just to earn money from people in this hard way of life.
 

Fruitcake

We never advise mediation because the mediators apparently, from information given on this forum, tend to side with the PPCs and attempt to bully the motorist. However, you appear to be stuck with it so you must attend.

UKPC signs are always inadequate and always breach the BPA CoP because the "penalty" for breaching alleged Ts and Cs is always in such tint font that it cannot even be read from a car length.
During the recent call for evidence by the department for levelling up (DLUHC) the display of a deterrent was mentioned. For such a deterrent to be effective, it must be prominently displayed, which they never are on UKPC signs.

In addition, attending to a vicissitude of some small duration is not parking, as determined by Judge Harris in Jopson v Homeguard. Attending to a medical emergency such as your urgent need to use a toilet would in my opinion be classed as a vicissitude of some small duration. This was an appeal case and is therefore persuasive on the lower courts. It should therefore be persuasive at mediation level.
The transcript is available online and the judge's relevant comments can be found around paragraphs 19 and 20. Print it off and take it with you.

Did you redact the time stamps on the photos? If so, why, as it does not help us to help you?

You ned time stamps or the metadata for the photos to show that the sign was installed after the alleged event and therefore was not present at the time and therefore cannot have formed a contract with the driver.

Also mention that on a previous occasion, reported in national news, that UKPC were caught doctoring timestamps on photo' evidence to make it look as though motorists were staying longer than they really had. You should therefore put UKPC to strict proof that time/date stamps on their photos are accurate and reliable.

Grizebeck

Just ignore the mediation call as its completely irrelevant 

Umkomaas

Cancel the mediation. The court never gets to know, it's confidential, attendance or outcome. I guess DCB Legal are involved, if so, they will discontinue. Just keep going through the required court process (which doesn't include mediation), until thy do. Look at ..l

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Fruitcake

I am worried that the OP does not appear to have submitted a defence. I do not know if this is correct, but if it is true, then the only option the OP may have is to accept mediation, despite its forthcomings.

Coupon-mad

I responded in the claim form that I have a dispute but i did not explain and I did not make my defence in that claim form.

Oh dear.

Do you qualify for help with court fees?  Check.  You might be able to apply to amend your defence.

Ali161592

Fruitcake said:

We never advise mediation because the mediators apparently, from information given on this forum, tend to side with the PPCs and attempt to bully the motorist. However, you appear to be stuck with it so you must attend.

UKPC signs are always inadequate and always breach the BPA CoP because the "penalty" for breaching alleged Ts and Cs is always in such tint font that it cannot even be read from a car length.
During the recent call for evidence by the department for levelling up (DLUHC) the display of a deterrent was mentioned. For such a deterrent to be effective, it must be prominently displayed, which they never are on UKPC signs.

In addition, attending to a vicissitude of some small duration is not parking, as determined by Judge Harris in Jopson v Homeguard. Attending to a medical emergency such as your urgent need to use a toilet would in my opinion be classed as a vicissitude of some small duration. This was an appeal case and is therefore persuasive on the lower courts. It should therefore be persuasive at mediation level.
The transcript is available online and the judge's relevant comments can be found around paragraphs 19 and 20. Print it off and take it with you.

Did you redact the time stamps on the photos? If so, why, as it does not help us to help you?

You ned time stamps or the metadata for the photos to show that the sign was installed after the alleged event and therefore was not present at the time and therefore cannot have formed a contract with the driver.

Also mention that on a previous occasion, reported in national news, that UKPC were caught doctoring timestamps on photo' evidence to make it look as though motorists were staying longer than they really had. You should therefore put UKPC to strict proof that time/date stamps on their photos are accurate and reliable.

thank you so much to all of you who tried to help me, thank you t friutcake for explaining my situation
I have put a mark on the photo as my friend told me not to show any data or name it will be removed if your details show in the post.
I attached the photo without a mark I will print all you mentioned and keep it with me 
it will be my first time in court it will make me nervous. 
I had a call from UKPC today and the lady on the phone kept questioning me and trying to blame me for the park in there I explained there was no sign and that it was recently instaled but she denied that we had a date and asked me to pay 170 pounds instead paying 250 
I did not accept to pay then she asked me how much I was happy to pay and I said I wouldn't pay anything as what you are doing was wrong.
in my photo and the warden's photo clearly can see the sign recently instaled and the bay is too small 
here I am being advised to not attend mediation if I don't then this would not be worse or I will not lose the defence.

thank you so much for your help there are always good people out there to help others thank you all


 

Coupon-mad

No, you are being asked if you qualify for help with fees - because you haven't defended the claim. 

Grizebeck

You don't speak those people on the phone 

Ali161592

Coupon-mad said:

I responded in the claim form that I have a dispute but i did not explain and I did not make my defence in that claim form.

Oh dear.

Do you qualify for help with court fees?  Check.  You might be able to apply to amend your defence.

thank you so much for the reply, I did not attend meditation as I had an emergency matter to attend, but I have 2 questions.

the case hearing is set in a different city than I am, if the case continues to court do I need to attend to court to the city of the claimant requested?

if the case continues to court do I need to instruct a solicitor or i can attend by myself?
it has made me horribly stressed.
thank you for 

Coupon-mad

No you don't need a solicitor.

The hearing should NOT be in their city it should be in yours.  You need to email them.

Do you qualify for help with fees?