Defence template advice for paragraph 3, which cases may be helpful?

Gr1pr

You are making an assumption that the rest of the stages will happen,  that the court hearing fee will be paid and are second guessing what a judge may or may not do,  I certainly wouldn't make those assumption or foretell the future

Your defence is already in and logged, it's on the record,  you cant change it for free, so que sera sera

Meanwhile,  deal with the mediator, make very low offers or nothing at all 

If no monetary settlement is reached,  the process will continue , the decision time is theirs to make,  the hearing fee must be paid if they wish to continue,  that will be the make or break point, it always is 

renlitai

Le_Kirk said:

The judge will have no knowledge of the mediation call and will judge the case on your defence against the POC and your and the claimant's witness statement.

I’ve just finished my mediation, not settled as expected. 

My concerns are that I have no defence. Everyone here has been helpful and signposted me to information but I literally have nothing to say - I don’t have a failed attempt at paying, I haven’t accidentally overstayed by a few minutes. 

I knew that I was unable to park there for more than 5 mins but did anyway. I made no attempts to appeal. 

I don’t know what to write in a witness statement. I knew not to park there, but did and dont have an excuse - how do I defend that to a judge?

renlitai

Just had the mediation and of course it remains unsettled. 

My concern is related to the judge and court - how can I defend my case when I knew I shouldn’t have parked there for the amount of time I did - there’s no overstayed but paid, or unclear signs etc. this was clearly signed as permit holder only and I stayed for 37 minutes whilst visiting a friend. 

I have no excuse and am concerned that I have no standpoint and the judge will rule against me. 

1505grandad

Please clarify  -  which claim are talking about  -  the PE/DCB Legal or the PE in house?

Are you still using this thread for both claims or have you started a new thread as per the following post?:-

https://forums.moneysavingexpert.com/discussion/comment/81552294/#Comment_81552294

renlitai

1505grandad said:

Please clarify  -  which claim are talking about  -  the PE/DCB Legal or the PE in house?

Are you still using this thread for both claims or have you started a new thread as per the following post?:-

https://forums.moneysavingexpert.com/discussion/comment/81552294/#Comment_81552294

The mediator confirmed this claim is being dealt with by PE in house. She also noted that PE stated that in my defence I did not add anything specific to the claim for my defence. But again, I don’t know what to write because I feel I have no defence?

I can move back to the other thread, I wasn’t sure which one was best to follow on with. 

 

Le_Kirk

What did you end up putting as your paragraph #3 because that is what your witness statement will back up and support with evidence?

renlitai

Le_Kirk said:

What did you end up putting as your paragraph #3 because that is what your witness statement will back up and support with evidence?

I didn’t put anything. It was shuffled up and renumbered. As I was saying prior to the DQ and mediation, I had nothing I could use as a defence. I searched through the cases and previous threads but everything that I could have put in para 3 would have been a lie - I went to my friends and parked there knowing it was permit only, and there are plenty of signs about so I really have no excuse.

renlitai

In this situation is it best to fold and contact them personally for settlement? I feel I’m in a lose lose situation