Claim Form Issued by DCB Legal for Parking at Citi Park Clements Road

Coupon-mad

meshab said:

Apologies if this sounds like an odd question but if I offer £5 or a tenner will the mediator not take this as I did commit the breach. Or should I just offer zero?

No. Nothing to worry about. Say what you like!

We assume you're taking the Mediation call for the Defendant? You can if he nominates you.

meshab

Thank you @Coupon-mad,

Yes, that is correct the Defendant has nominated for me to take the call and I will be offering zero on the basis that no breach of the terms of the signs had taken place.

meshab

I had a mediation call, and while the mediator was really nice, I felt a bit anxious afterwards. The mediator asked how I would defend the case in court if it went that far. I mentioned that I have a photo of the signage and that no breach had occurred. It appeared that the Claimant had interpreted the signage incorrectly. I proposed to the mediator that I was willing to offer £5 so the Claimant would just leave me alone. The mediator then passed this information on to the Claimant and the Claimant at this point checked the wording of the signage and agreed with the mediator that they had incorrectly read the signage. Have I compromised my position by disclosing that I have a photo of the signage? Any feedback would be greatly appreciated.

Coupon-mad

meshab said:

I had a mediation call, and while the mediator was really nice, I felt a bit anxious afterwards. The mediator asked how I would defend the case in court if it went that far. I mentioned that I have a photo of the signage and that no breach had occurred. It appeared that the Claimant had interpreted the signage incorrectly. I proposed to the mediator that I was willing to offer £5 so the Claimant would just leave me alone. The mediator then passed this information on to the Claimant and the Claimant at this point checked the wording of the signage and agreed with the mediator that they had incorrectly read the signage. Have I compromised my position by disclosing that I have a photo of the signage? Any feedback would be greatly appreciated.

Wait: they agreed they got it wrong (re the signage meaning) at Mediation?! Yet they didn't accept your fiver?

You have not compromised your position, they have!

Show us this sign.  What were they saying?

meshab

Here is the sign...

When the mediator called he said the claimants case was that the car was parked without payment and when he asked how I would defend the case I said that is clearly states on the signage that blue badge holders could park for 3 hours free and all they had to do was press the intercom before they leave to validate the session and that is what happened. Therefore, no breach occurred.

At this point the mediator said I think the Claimants have misinterpreted the sign, so when he went back to them he mentioned the sign and the mediator confirmed that the Claimant looked at the sign again said it appears they misinterpreted the sign and they then started saying that their PDC system did not have a log of the car, so I said that is an error on the Claimants part. I think the Claimants were unaware that Blue Badge holders could park for free for 3 hours. They also admitted to the mediator that the car had left way before the 3 hour time limit.

Coupon-mad

The sign on the right forms the t&cs and the only term in that sign is to display the badge.

No contravention. He should email the eejits and give them a prod to discontinue or he'll claim wasted costs.

meshab

He did say to me that my case was robust. He also said that they might even see sense and decide not to go ahead as the Court date would be towards the end of the year.

I have only realised today after the call that the N180 should have had 2 witnesses on it but it only says 1 should I email the court or wait incase the case is dropped-but if I wait then Im thinking that the Court might see this as a last minute thing or a ploy.

Coupon-mad

Wait. Unimportant!

trinitygrey

meshab - how did your mediation call go? What happened re the outcome of your PCN?

meshab

Hi, 

@trinitygreyApologies for the delayed response. During the mediation call, the other party chose to reduce the amount they were claiming. I informed the mediator that I was only prepared to offer £5 as a goodwill gesture.

Yesterday was the deadline for them to pay the court fees in order to proceed with the claim; otherwise, it would be struck out.

I’m currently waiting to find out whether the payment was made and if I will need to attend court. I’ll provide an update as soon as I have more information.