Update - *Hearing* - BW Legal / Napier Parking

Coupon-mad

I detest compulsory Mediation.  I bet loads of  deluded scam PCN victims are being pressured into paying money they do not owe.

Johnersh

I didn't think these "mediators" discuss anything except the money demanded by the claimant against any offer from the appellant, they have no interest / input into the facts of the incident at all?  

Done properly mediation is not a game of merely splitting the difference, but understanding attitude to the claim from both sides and presenting/considering strengths of both should there be opportunity to reflect that within terms. No one in litigation ever has 100% chance of a win however good their case because of the inherent risk of a hearing (on this forum referred to as “judge bingo/roulette”

The problem as I see it is that the margins are so fine on £150 that a ppc who relies upon 80% paying at some point pre-issue may as well go all-in as they are already running it as a loss leader pour encourager les autres and securing some judgments and/or being seen as a willing litigator is in their interests 

Ironically, that is also where the defendant is.  If they were going to buy off the risk, they’d have done it for £60, not when it’s closer to £200. 

For a single PCN on a purely mathematical basis, the correct offer should likely be no more than £65 - well under half the full cost claimed (because the bolt-on costs are much more ambiguous than the PCN itself, so the prospects of recovering each element before the court are different).  Looked at differently, thats £30 for the PCN plus their court fee back, which is their only clear out of pocket expense at that stage of the claim. At that point, it might just be attractive enough that some defendants might be tempted. it’s still a result for the PPC which provides them with certainty of some cash and with earlier revenue…

But what would I know? 

I detest compulsory Mediation.  I bet loads of  deluded scam PCN victims are being pressured into paying money they do not owe.

Mediation (or other ADR) has been the presumption for a while and the CPR has now been changed to reflect this. It is here to stay. 

Coupon-mad

Maybe.    

Le_Kirk

What annoys me (and I am not a fan of mediation) is the way that the mediator, whilst supposed to be neutral, is, according to the posts on here, firmly on the side of the claimant!

Nellymoser

It annoys me too. Sounds like this mediator didn't remain neutral. Their suggestion on cost risk for a lose at court wasn't accurate and could be seen as an attempt to scare the person into settling.

The OP should raise this. If people don't start raising issues about the mandatory mediation service we'll be stuck with it. 

Small Claims Mediation Service 

If you have any complaints or issues to raise about the Mediation Service

Email:  scmreferrals@justice.gov.uk

"The mediator is neutral and helps each party to explore options and discuss risks."

riskaverse111

Quick update - witness statement has been served on Napier and the hearing is on 30 June next week 

Umkomaas

riskaverse111 said:

Quick update - witness statement has been served on Napier and the hearing is on 30 June next week 

Good luck. Please keep us in the loop. 👍

1505grandad

Just checking  -  your WS has also been filed at your nominated local Court?

riskaverse111

@1505grandad thanks for checking - I emailed the county court the hearing is taking place as well as CNBC for good measure:

civil.romford.countycourt@justice.gov.uk
ClaimResponses.CNBC@justice.gov.uk

Also going to ring the court tomorrow morning just to make sure safely received 

riskaverse111

Hi all,

I wasn't able to attend the 30 minute hearing today bc of work but my family friend told me they lost the case today and the judge's reasoning was that there wasn't enough evidence. I feel like the witness statement had clear enough, ample evidence though so I'm not sure what more the judge could need - I've posted a redacted copy for thoughts. It's obviously not the quality of WS a lawyer could make but we made sure to include everything that happened in family friend's own words + information from WS I found on the forum as much as they were applicable to this case.

I've asked my family friend to send a picture of the paper judgment when it arrives (in the post presumably?) but is it worth appealing any further or should we just cut our losses and pay. 

Many thanks in advance for insight