I recieved a claim form of £258.43 from Parallel parking and their solicitor Gladstones LTD.

Gr1pr

So you are currently on step 7, waiting for step 8

RubPro

Hi Guy, 
I received the below email about a telephone mediation appointment, I am preparing for this appointment and will share with you guys the outcome.

"Claim number: _______________---

Parties: PARALLEL PARKING LTD -v- ________________

Your telephone mediation appointment

Appointment date: 08/11/2024

Appointment time slot: 13:00 to 15:00

Your confidential telephone mediation appointment has been booked for the above date and time slot. This means that the mediator will call you between the times shown. Your appointment will last for around one hour from the point at which the mediator calls.

The mediator will call both parties separately – you will not talk directly to the other side. They will try to help you both come to an agreement before the case goes to court.

Where your mediation appointment is mandatory, If you do not attend the appointment, the judge will take this into consideration at any court hearing and may issue a penalty. This could include the judge automatically ruling in the other party’s favour or ordering you to pay for some or all the other party’s costs."

Fruitcake

Your preparation should be very short. Note that the mediator may try very hard to get you to pay something, but they are not a judge, and refusing to pay will have no adverse affects on the court hearing at all.

The mediation call should go like this.

Them: Pay up
You: No!
Them: Please pay up
You: No!
Them: Pretty please, pay up
You: No!

End of mediation

RubPro

ksFruitcake said:

Your preparation should be very short. Note that the mediator may try very hard to get you to pay something, but they are not a judge, and refusing to pay will have no adverse affects on the court hearing at all.

The mediation call should go like this.

Them: Pay up
You: No!
Them: Please pay up
You: No!
Them: Pretty please, pay up
You: No!

End of mediation

Thanks for the heads-up. I am definitely going to stick with not paying.

Coupon-mad

As is already covered in the first 12 steps.

RubPro

Hi guys,

So I had my telephone mediation yesterday and it was quite brief.

The mediator called with an unknown number. I answered as I was expecting the call would likely come from an unknown number. She asked if I knew the terms of this call. "I replied, "Do you mean the terms stated in the email sent to me about the telephone mediation?" She said, "Yes," and I answered, "Yes, I do."

The mediator then said she would ring the claimant to hear their story and offer and she would be back within 10 mins.

The mediator rang me back within 5 mins to say the claimant said I overstayed my parking and they are asking for the full £258. I replied I did not owe and did not intend to pay and if she didn't mind, I would like to get back to caring for my daughter. she said, okay fine, I will note that down, thank you for your time, and bye.

RubPro

Hi guys, I received this letter from the county court in March and a witness statement from Parallel Parking in April. I don't know what to make of this.

Gr1pr

So proceeding in the usual manner,  no biggie, it's standard 

Make sure that the court and lawyers have a copy of your WS ,  because if you have theirs then yours is due soon ,  the deadline is on the court order  ( it states2 weeks before the hearing date next month  ).  Other than that the document seems self explanatory to me  ( you dont want mediation,  they need to pay the court fee or discontinue very soon, so check next week)

Coupon-mad

You were ordered to get your WS in not later than 7 days after the mediation call. Failing that (given that mediation had already happened before that March order) the usual deadline is not later than 2 WEEKS before the hearing.

You're late. They complied. Are you telling us you've put in no WS and no evidence? Do it NOW!

This is standard stuff.

This is a vital stage you should have fully expected and complied with ages ago. It's in the second post of the NEWBIES thread with a list for you/everyone, of suitable exhibits.

DO IT TODAY.

RubPro

Thanks for your response @Coupon-mad and @Gr1pr. I have not deliberately left the WS till the last minute, I have been in and out of the hospital in the last month due to health reasons. I am currently in the process of drafting my WS and would appreciate anyone's feedback. Thanks again for the support.

IN THE COUNTY COURT AT LEICESTER

Claim No: xxxxxxx

Between:

Parallel Parking Ltd (Claimant)

– and –

xxxxxxxxxxxxxxxx (Defendant)

 

WITNESS STATEMENT

 

I, xxxxxxxx, of xxxxxxxx, being the Defendant in this matter, will say as follows:

1. I am the registered keeper and driver of the vehicle in question on the material date in May 2024. This statement is made in support of my defence against the claim brought by Parallel Parking Ltd. The facts contained in this statement are true to the best of my knowledge, information, and belief.

2. On the date in question, I parked my vehicle at the Mansfield Car Park in Leicester, a site operated by the Claimant. I paid for one hour of parking using the designated system and returned to my vehicle within the time paid for.

3. Upon returning, I mistakenly placed my right foot in a pothole at the site and experienced a sudden and painful muscle strain, which made it difficult to load my one-year-old daughter into her car seat. The discomfort was such that I had to rest briefly before I could physically manage to drive away, as I needed my right foot to drive. As a result of this temporary incapacitation, I left the car park approximately 29 minutes after the expiry of my paid period.

4. At no time did I act willfully or negligently. Given that I have never been issued a parking ticket and never contravened in all the times I have parked in this very parking site. My actions were motivated solely by the need to ensure the safety of my child and my own ability to drive without risk. I believe that any reasonable person would understand the need to ensure both child safety and driver fitness before leaving a location.

5. A few days later, I received a Parking Charge Notice (PCN) demanding £100, discounted to £70 if paid within 14 days. I promptly appealed the charge, explaining the mitigating circumstances. My appeal was rejected, as was a subsequent appeal to the Independent Appeals Service (IAS).

6. Later, I was contacted by the Claimant’s solicitor seeking an inflated sum of £255. I found this disproportionate and unfair. As a result, I submitted a defence through the County Court and opted for a hearing at the Leicester County Court.

7. I submit that:

1)     There was no deliberate or significant overstay; I was delayed due to an unforeseen medical issue and necessary care for a child.

2)     The signage at the site was inadequate to properly convey the full terms and conditions relied upon by the Claimant.

3)     The Claimant has failed to demonstrate authority to form contracts in their name, and their particulars of claim lack clarity and specificity in contravention of CPR 16.4 and associated Practice Directions.

4)     The additional charges imposed by the Claimant (and now sought in court) are exaggerated and unjustified, in light of government findings into the private parking industry, including the DLUHC draft Impact Assessment of July 2023

5)     I acted reasonably and proportionately in the circumstances, and the penalty is unfair under the Consumer Rights Act 2015.

8. I also note that the Claimant failed to offer a truly independent or meaningful ADR mechanism, and that the IAS has an established reputation for rejecting a high volume of valid consumer appeals. This, combined with the overreliance on automated debt escalation processes, underscores the unreasonableness of the Claimant's conduct.

9. I respectfully ask the Court to strike out or dismiss the claim, or to find in my favour, given the mitigating circumstances, lack of clarity in the contractual terms, and the disproportionate nature of the penalty imposed.

10. If the Court does not strike out the claim, I seek standard witness costs for attending court, and further costs pursuant to CPR 27.14 and CPR 46.5 on the basis of the Claimant’s unreasonable conduct in this matter.

 

STATEMENT OF TRUTH

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes a false statement in a document verified by a statement of truth.

 

Signed: _______________________

Name: xxxxxxxxxx

Dated:__________________