Moorside Legal court claim with 'parking fines' in the POC

briancr7

Coupon-mad said:

No effect on you at all, not even if you went all the way to a hearing and lost.  No CCJ because you'd just pay whatever the Judge ordered. It's certainly not a criminal case either.

It is nothing to worry about but there's a procedure to be followed, exactly as explained in the 2nd post of the NEWBIES thread.

If you are only at LBC stage why are you even thinking about Court Mediation phone calls?

Im thinking about Court Mediation phone calls only because I have no clue how these procedures go..

Im going to write to them the template email, and then they would offer Mediation as next step or am I the one supposed to initiate it?

Anyhow, I understand from other threads that either way these emails won't really make a difference, just need to wait for court order and challenge that, however I have no clue what to do with that either?

Grizebeck

Just let it go for a bit

KeithP

briancr7 said:
I'm thinking about Court Mediation phone calls only because I have no clue how these procedures go..

I'm going to write to them the template email, and then they would offer Mediation as next step or am I the one supposed to initiate it?

You haven't yet read enough of the second post of the NEWBIES thread.
It is clearly explained there that Mediation is a process initiated and led by HMC&TS.

briancr7 said:

Anyhow, I understand from other threads that either way these emails won't really make a difference, just need to wait for court order and challenge that, however I have no clue what to do with that either?

Keep following the guidance in the NEWBIES thread.
Or to spell it out, you are now at the stage of waiting patiently for a Claim Form to drop through your letterbox.

Fruitcake

You don't initiate anything. You respond.

You have received a LoC/LbC, so you respond to that if you wish. You don't have to, but it is normally advised here that you do respond.

Next will come a court claim from the CNBC. Again you respond to that. A mediation call comes much later in the process.
All of this is explained in the sticky Announcement for NEWBIES and the template defence sticky Announcement.

How did Plan A go, a complaint from the keeper to the landowner and the keeper's MP? A landowner cancellation will kill this dead.

Coupon-mad

briancr7 said:

Coupon-mad said:

No effect on you at all, not even if you went all the way to a hearing and lost.  No CCJ because you'd just pay whatever the Judge ordered. It's certainly not a criminal case either.

It is nothing to worry about but there's a procedure to be followed, exactly as explained in the 2nd post of the NEWBIES thread.

If you are only at LBC stage why are you even thinking about Court Mediation phone calls?

Im thinking about Court Mediation phone calls only because I have no clue how these procedures go..

Im going to write to them the template email, and then they would offer Mediation as next step 

No.

That isn't the next step. Nowhere near. Mediation - as I said - is court mediation.

You aren't at that stage and won't be until 2025.

I suggest you read the second post of the NEWBIES thread then hop over to read the 'first 12 steps' (after a court claim arrives) in the Template Defence thread.

It's easier than any appeal and we walk you through it.

briancr7

We have received the Claim Form.

Reading through the 12 steps.

Im the one dealing with this, however all is on my other half-s name, she wouldn't want to go to court or to deal with any of this.

So I would need to know if its possible to deal with this as a representative, if so how is that done, does it cost anything? Is it simply adding the defendants name (different from the one on Claim Form) on 'Acknowledgement of service' form?

She is strictly against having any sort of CCJ against her because of her workplace, she literally can have 0 of anything similar, CCJ, convictions etc, not even civil...

In worst case scenario we would pay up, however only the original fine nothing extra.

*The service date of the Claim Form started on 15 Dec.
We are going to be abroad in two days until 5th January.

1. Would be ideal to buy some more time, as far as I understand if I fill and send the Acknowledgement of service form should buy 28 days, is that right?

2. Ideally we're looking for the mediation part and try to get the payment down to the original reduced amount £60 that we would rather pay, only because January will be a very busy packed month for us, probably will not be able to take a weeks day off for court hearing.

3. Can all of the above be dealt with online? If so is it adviced?
There's a password supplied to respond online, is it as effective as via mail and then in person?

All advice appreciated 

Fruitcake

The defendant must attend the hearing or she will lose. You can act for her as a lay representative, but everything must be done in her name. The court hearing is normally no more than a handful of people in a room taking it in turns to have a chat.

Even if she lost, properly defended she would pay less than is being claimed now, and there is no risk of a CCJ as long as the advice on this forum is heeded.

briancr7

Fruitcake said:

The defendant must attend the hearing or she will lose. You can act for her as a lay representative, but everything must be done in her name. The court hearing is normally no more than a handful of people in a room taking it in turns to have a chat.

Even if she lost, properly defended she would pay less than is being claimed now, and there is no risk of a CCJ as long as the advice on this forum is heeded.

We would go to court, however not able to take a day off in January especially both of us on same day.
When does the mediation comes into the timeline? Do we need to initiate it or its a default step after acknowledgement of service?
Do we both need to be present on mediation or can I do it without the named defendant (registered keeper)?

Coupon-mad

Coupon-mad said:

briancr7 said:

We really don't want to go to court so if this might end up there and thats the only way winning it, than probably better if I pay?

Eh?  Why would a defendant pay in full now, acting as if there's some kind of urgency (which there isn't) when:

1. Mediation calls are compulsory and if you really want to fold, then fold then, for half the money or less?

2. By refusing to settle at the Mediation call (which is our STRONG recommendation) you are likely to pay nothing at all, and

3. even if you did have a hearing (unlikely to go that far) and were unlucky enough to lose (unlikely) you'd pay LESS than the claim?

Remember 2 and 3 above?  I have bolded the important bit.

As Moorside are copying the MO of DCB Legal, there will almost certainly never be a hearing.  Not sure why you want to offer payment at the Mediation stage?  An offer can be made at any time later, too.

But if you feel you have to offer something - and yes she can nominate you to take that call - offer £20, then £30.  Slow increments... we have seen court claims settled at thirty quid.

And we say they'll discontinue. No hearing.

Or your local court Allocating Judge (once it gets past Mediation stage unresolved) will likely strike the claim out because you will be using the Chan version of defence (read the Template Defence third paragraph for that link).

The court should strike it out completely (no hearing) due to the appeal cases of CEL v Chan and CPMS v Akande.

Show us the claim form (redacted, including covering your VRM, the MCOL password and Claim Number).

KeithP

briancr7 said:

We have received the Claim Form.

What is the Issue Date on the Claim Form?