DCB Legal + Parkmaven - Court claim form

pcnhater

Hello,

I have received mediation appointment email from court even though I didn;t fill in mediation part.

It is not very clear if I have option to decline it or not. Should I email them or appear for the appointment and then state that I should not pay anything or it goes to court.

Thanks

Le_Kirk

The mediation appointment takes 5 minutes (or as long as it takes you to say NO) unless they offer YOU some money! 

Gr1pr

Mediation is by telephone and is now mandatory, although your case may predate the changes back in May ?

I would suggest that you agree to the 5 minute mediation call, offer £0 , then state that no agreement can be agreed, then politely end the call. ( Same as we tell everyone else. )

The 12 steps in the defence template thread has been updated regarding this new pointless hurdle in parking company claims

LDast

Mediation is NOT mandatory. Only "attendance" at the phone call is mandatory. Offer £0 and it will all be over in a few minutes. You "attended" and that's the mandatory element fulfilled.

The mediation outcome has no bearing whatsoever on the proceedings, unless of course, you were silly enough to actually offer more than £0 and the accepted it.

MrTheMask

I've just had my mandatory mediation call. What a joke!

I've only just found out that their whole claim is based on me having put in one letter wrong of my registration. Apparently I put a W instead of a V.

I had 3 calls from the mediator and the whole thing lasted about 8 minutes. I of course would only settle at £0.

My defence at first thought for my day in court:

I see their position will be weakened by the fact that I have proof of payment for the parking and they suffered no loss. The court should consider my intent and context, as I can demonstrate that I paid for the parking despite the minor error in the registration.

Here are some points that might work my your favour:

1. Proof of Payment: Emphasizing that I paid for the parking should show that I fulfilled my obligation, regardless of the registration error.

2. Minor Error: A single letter mistake in the registration may be seen as a minor clerical error, especially as there’s no evidence that the error caused any loss.

3. Proportionality: A court might view a £275 charge for a minor error as excessive, particularly as I can show that my payment was made in good faith.

4. Intent: My intent to comply with parking regulations can be highlighted. As I acted in good faith, that’s an important factor.

5. Legal Precedents: This is not going to court. Could you imagine them standing in front a judge and saying that I put in the wrong reg by one letter, then fine me for this despite the proof that I paid and they suffered no loss.

Coupon-mad

There are no legal precedents (except Beavis, which wasn't about a typo) and they will proceed to a hearing.

@MrTheMask there are things you can use in your WS bundle but this isn't your thread so can't go into it here on this thread.

pcnhater

UPDATE: I had mandatory mediation call and offer put forward to me was £200 which I refused. I was called again after few minutes with offer of £135 which was again refused by me. Their final offer was to pay court cost of £35.

I am currently out of country and not looking to return in next 6 months so I accepted that offer of £35 as I would have incurred a lot more cost if they were to go to court.

Not sure if they would have continued to court or pulled out as they used to do prior to new Mediation process.

Thanks a lot for your help and guidance.

Coupon-mad

That's pragmatic.  And you effectively won as you didn't pay a penny of the PCN.

ANOTHER ONE BITES THE DUST!

Thanks for the info. It's useful to hear how these conversations went.