Defence review requested following Claim Form - Am keeper but not driver

bagold

Got it. Many thanks to all who replied. 

Coupon-mad

bagold said:

Got it. Many thanks to all who replied. 

Do let us know how Mediation goes, as we need to learn from feedback (it is a new mandatory stage).

ParkingEye are the most likely PPC to be reasonable so if you really think you are unlikely to win, start with £30 and talk. But ask first for the Mediator to ask ParkingEye if they are relying upon keeper liability. If NOT then no offer! Run!

Car1980

Any concrete evidence that the keeper becomes permanently liable and the driver can never be held liable ever again at the press of the "submit claim" button?

Not saying that this case is suitable for arguing driver liability, but would like to know for my own information.

1505grandad

Just a thought  -  any problem if any Defendant records their side with the mediator (tried Googling but no luck).

Coupon-mad

Car1980 said:

Any concrete evidence that the keeper becomes permanently liable and the driver can never be held liable ever again at the press of the "submit claim" button?

Not saying that this case is suitable for arguing driver liability, but would like to know for my own information.

Me too. Which is why I said the OP should ask the POFA question of the Mediator first, then if they aren't claiming keeper liability NOT make an offer!

bagold

@Coupon-mad Just trying to get this straight. If mediator says PArkingEye are not relying on keeper liability then I should offer £30 and continue to negotiate. If mediator says ParkingEye are relying on keeper liability then I should say I am not interested in negotiation. What could happen next?

Gr1pr

No, the other way round 

If they are not relying on POFA or keeper liability, offer nothing 

If they are relying on keeper liability under POFA, try offering £30

Either the offer is accepted, then you pay it to the claimant ( or their lawyers. )

or 

If no agreement is made, the claim carries on towards a hearing in civil court 

Coupon-mad

bagold said:

@Coupon-mad Just trying to get this straight. If mediator says PArkingEye are not relying on keeper liability then I should offer £30 and continue to negotiate. If mediator says ParkingEye are relying on keeper liability then I should say I am not interested in negotiation. What could happen next?

Obviously not. Other way around!
Think about it.  You must get your head around this. It's really simple.

And if the Mediator (wrongly) says "it doesn't matter" or "oh yes a parking firm can always hold you liable as registered keeper" or "I don't know that, it's not my remit" politely disagree.

Tell him/her that it is vital to get a straight answer and you want them to please ask the Claimant that direct question. You need the Claimant to narrow the issues: the question is: are they relying on keeper liability under the POFA 2012, or not, in this case?

If not clearly it's "goodbye, see you in court".

bagold

I have now received N180 Directions questionnaire from HM Courts & Tribunal Service completed by Parking Eye. What do I need to do now? Do I need to contact Parkingeye or HM Court or wait till a mediator contacts me?
I really appreciate all the help.

ChirpyChicken

All in the Newbies..... you fill in the online version and email it to the court.... no point waiting for your own copy.