Claim form horizon/Gladstones

Jitterywreck

Since filing my defence and waiting for this call i have been advised by others in my gym where the charge occurred that they don't have a leg to stand on as they have no signage at the entrance to the car park (or that is visible as you enter) there is one sign but it is facing the wrong way, is it worth mentioning this to them today as it wasnt in my defence?

Car1980

No, you are "mediating" today. It's only about money.

Only has to be a 10 second call - "My offer to them is zero pounds. Thankyou. Goodbye."

Submitting a witness statement (ie. a full defence with photos) is the stage after that where you can argue about signage and you will receive a letter from your local court in a few weeks about that.

Jitterywreck

https://forums.moneysavingexpert.com/discussion/comment/82002780#Comment_82002780

Thanks, the letter I had from them said that I needed to outline the terms of my defence in the call? I did wonder as I wasn't sure that the mediator would be casting any further judgement. Fact I'm having to waste 3 hours of my life waiting for this call 😩

Gr1pr

Ignore what it said in the letter, follow OUR advice, do not discuss the case, mediation is about a mutually acceptable monetary settlement, not the case itself

The mediator is not a judge

Car1980

https://forums.moneysavingexpert.com/discussion/comment/82002793#Comment_82002793

It's a daft generic letter that is a bit misleading. Plenty of cases are things like builders arguing things with clients and they can be true back and forth mediations that last a while. Lots of parties actually welcome the chance to mediate.

Parking cases are a lot more straightforward and you don't need to argue a thing. You won't be paying. Nothing to discuss.

Don't even stress if you miss the call or don't even fancy answering. Nothing happens. The case just proceeds.

Only 25% of mediation calls are answered. The mediator just moves onto the next one on their list.

Jitterywreck

https://forums.moneysavingexpert.com/discussion/comment/82002803#Comment_82002803

Oh wow ok that's interesting! I thought it was compulsory? I am quite excited at the prospect of facing them in court 🤣 I like a good argument and know I have a strong case (may even make a few little complaints too!) The way the emails are worded seems that if I don't attend I can automatically face a CCJ? As they can rule without me ?

Gr1pr

The Mediation stage is a mandatory Stage, but taking the call isnt mandatory or compulsory, its optional

If you aren't making a low offer, or no offer, follow the advice given earlier, a 2 minute phone call, no offer, thank you and goodbye

Do not discuss the case

Car1980

Perfect.

How does the permit system work? The sign indicates a physical thing.

Or is there an tablet to register?

No entrance signage at all? That would be a breach of the joint code of practice, and crucially Horizon contracts with the landowner stipulate that the must follow the code at all times.

Jitterywreck

I have scrubbed out identifiable signs (none are the parking firms) the red arrow is showing where the sign is, and this view is the approach from the main road (the one I use) maybe if approaching from the other direction it could be seen but it isn't very large or obvious to be honest and it is the only entry sign

Car1980

Yep, when you get onto your witness statement you need to quote the relevant sections here: https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/sectorsingleCodeofPractice.pdf

Some judges will ignore it as "only" a voluntary code, so add that it's usually a requirement of the landowner contract to adhere. Otherwise, it is voided.