Fighting parking fine, at stage, after the defence submitted

maxim024

Good morning all,

I have a quite similar, or almost identical case like the one within the link below.

The original topic is:

https://forums.moneysavingexpert.com/discussion/5928855/parking-fine-wise-campus-bristol/p7

As well, I have a penalty ticket from UKPCM at BIPA college Bristol.
Gladstone Solicitors involved, the case is now at the stage that I have received letter from court that my Defence has been receipted, and that copy of my defence has been sent to the Claimant.

An email arrived from Gladsontones, quoting the following:

"We act for the Claimant and have notified the Court of the Claimant’s intention to proceed with the Claim.  

 

Please find enclosed a copy of the Claimant’s completed Directions Questionnaire, which has also been filed with the Court.  

 

You will note the Claimant has elected to mediate in an attempt to settle this matter amicably, without the need for further Court intervention. Should you agree to mediation, please inform the Court who will contact both parties to arrange a mediation appointment."

The thing I'm not sure while reading the thread with above linked case is, do I accept mediation? Or just fill DQ and not accepting mediation?

Many Thanks in advance,

Nellymoser

There is no choice. Mediation was made compulsory in May 2024 for both parties. Gladstones are either trying to confuse you or haven't bothered to update their template letters since the change was implemented.

Best to read and follow the 12 Steps in the Template defence Announcement thread.

Gr1pr

You definitely did not receive a Penalty,  just a Parking Charge Notice,  PCN, an Invoice from a private parking company,  it's not from UKPCM either,  it's either UKCPM , UKPC or PCMUK, so exactly which one   ?

Mediation stage is now compulsory and has been since 2024, you dont get to choose,  neither do you fill in the N180 from Gladstones either,  you wait for the CNBC in Northampton to send you a blank copy  !

So study the 2nd post in the newbies sticky thread in announcements plus the 12 steps in the defence template thread in announcements too 

maxim024

First of all, thank you so much for the replies.

But there are few bits which I can't connect or don't understand thoroughly.

I can say from my side that what's already done is acknowledgement of service and I have emailed my defence.

Got the letter from court with following text:

"I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

Shortly after court letter arrived, I have received email from Gladstones named "Serving defendant with N180", (email attachment contains filled N180 from their side) content of the email which I quoted within original post:

1. Do I need to inform the court (and which actual court, And in which way? Email, letter?) that I'm proceeding with the mediation? Or I just leave it without response to Gladstones or anyone?

2. Will I be automatically sent a blank N180 that you have mentioned within replies?
(I realise that I would need to fill the form based on guidance from newbies post and send it to the same email address where I have sent my defence)

When does the witness statement and hearing come into the picture? Is that before or after receiving and sending N180 to CNBC?

Many Thanks,

Gr1pr

1) Wait for the mediation service contact to let you know the date and time 

Do not respond to the Gladstones N180,  wait for yours to come from the CNBC in Northampton   ( there is no court yet  )

2) yes, the CNBC in Northampton will post it, so keep checking your MCOL claim history to see when it's happened 

You dont seem to be following the 12 steps in the defence template thread,  first few posts,  please study them carefully as you are only partway through 

3) mediation comes next, but eventually the CNBC will send the whole case to your local civil court that you nominated in your N180 DQ document ( which you will have emailed to them, )

In several months time your court will have already posted a court order to you that contains a hearing date and also the deadline for the submission of the Ws + Exhibits bundle to the court and to the lawyers too, so both parties

That could mean a 6 to 12 month wait before the deadlines and court dates,  once all the preliminary stuff is complete 

So study post 2 in the newbies sticky thread,  plus study the 12 steps too, plus study a few similar cases that are way ahead of your own

Coupon-mad

Looks like you need to read the first 12 steps again. Template Defence thread first post.

maxim024

Okay,

The mediation was today, Gladstones wanted to settle for £215 and said that they cannot respond to my defence as it's a "template from online"

I said that I believe I'm not liable for the charge and I'm confident in my legal position should I go to court.

Mediator said that it will be marked as unsettled and that the hering may take up to 12 months a d I should look for the court documents and submit them in time when they arrive.


Is there any chance they'll just withdraw now or usually this comedy goes forward taking everyone's time?

Regards,

Gr1pr

It goes forward until near the hearing fee deadline in several months time,  which is when they decide to either discontinue or pay the court fee , same as the hundreds of other cases.  There is no reason to change halfway through,  so they won't 

maxim024

Thank you!