Mediation Advice

randysavage

Hello,

The driver thinks they are now passed the newbies stage and would appreciate some advice.

The driver has been issued with Notice of Proposed Allocation to the Small Claims Track for allegedly failing to pay for parking at a services. Mediation is soon, and they want to know whether they would be better offering a nominal amount, or nothing.

Details of case: the car suffered a mechanical issue, that could have been dangerous. They entered the services and tried to fix the issue on the garage forecourt. When this didn't work, they moved to the main car park and waited for recovery. The time on site allegedly exceeded the the maximum free parking limit. However, due to the positioning of the ANPR camera at the site entrance only, the transfer of the car from the garage forecourt to the main CP is not recorded. So, the fact the car was on the CP for less than the maximum limit has not been considered. There were no signs on the garage forecourt relating to parking. The driver can evidence the recovery and purchases made at the garage.

So, the defence is twofold, first it was a genuine emergency. Second, the car was not on the main CP for more than two hours. The N180 defence has been submitted.

Grateful for advice on whether the driver should offer nothing as they are certain to win in court, as they believe, or offer to settle through mediation and be done with the ongoing hassle?

Also, should they accept the relentless calls from DCB which to their mind indicate increasing desperation?!

Gr1pr

Read the mediation advice in the 8 steps in the defence

Offer £zero , do not discuss the case, 5 minutes phone call telling the mediator, no offer today, i will see them in court, ignore the DCBL calls etc

Which parking company. ?

Coupon-mad

DCB Legal always discontinue defended ParkingEye or Group Nexus claims, so offer nothing at all and do NOT discuss the defence. No need

Which parking firm? I reckon it's one of those two.

Did the Defendant use the ready made Chan and Akande defence for cases where the breach wasn't pleaded?

randysavage

Thanks both - read the 8 steps and saw suggestion to offer £5/10 or nothing in linked thread - hence my query.

Group Nexus is correct - no, the defendant, having already gone through appeal and POPLA (unaware of this forum at the time), submitted a defence detailing the particulars raised above.

Gr1pr

Well , that choice is yours to make, or not ( some people will pay a few quid in order to put an end to the matter. )

Others like me would tell them to do one, see them in court, if they have the bottle to pay the hearing fee and turn up !

So that advice is there for that reason, no need to ask, because you know how you feel about it

The real question is, will they eventually pay for a hearing and attend. ? Our reply is, NO, they wont. !

randysavage

Ok - that is clear, thank you. The defendant has a niggle that the ANPR timings for time on site may trump their defence. However, if DCB always drop Group Nexus cases, then they will let it play out as you suggest.

Coupon-mad

They ALWAYS discontinue before they have to pay the hearing fee!

Do not discuss the defence with the mediator. Just say 'no offer' and tell the mediator that "DCB Legal always discontinue Group Nexus cases so they are wasting everyone's time, goodbye"