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Claim Form (Seel St, Liverpool)

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13

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  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    The court has no incentive to do that
    You are, of course, keeping a log of who you called, when, what was said, etc? You have proof the emails were sent by taking a screenshot of your sent messages folder?
  • tlew12778
    tlew12778 Posts: 17 Forumite
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    Yes we have all that. It’s just really nerve-wracking bc I feel like a bailiff is going to show up at my door :/ When the emails are sent the auto-reply is just a form email so it’s not very... I don’t know... convincing. Like I could have sent a blank email and gotten the same auto reply save for the fact that my outbox has an email going to that address at the same time.
  • tlew12778
    tlew12778 Posts: 17 Forumite
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    The latest update on this... we had to send the defence no less than 5 times. We were given at least 3 different email addresses. FINALLY one lady called us back (after being told by one of the agents that the judgement was going to expire the next day and it would hit OH's credit report and there was nothing they could do about it... he even suggested paying it and trying to get it reversed afterwards) to tell us that they had received it and it everything had been suspended until a judge took a look at the situation. She said it could take 8-12 weeks. We have just received written confirmation that the defence was registered and the judgement cancelled. So it is now up to Parking Eye to respond.
  • tlew12778
    tlew12778 Posts: 17 Forumite
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    Parking Eye has proposed mediation. What is the consensus on this? My understanding is that if we do not accept, we go to hearing. If we do accept, we speak on the phone for an hour with a mediator and if that fails we go to hearing. Is that correct? I take it there is no chance of Parking Eye just dropping this case at this point? Thanks in advance.
  • tlew12778
    tlew12778 Posts: 17 Forumite
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    Also, we have filed this defence but we have not had any sort of reply to the same from Parking Eye. So if we go to mediation, how can we possible be prepared for their counter-argument?
  • KeithP
    KeithP Posts: 37,654 Forumite
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    tlew12778 wrote: »
    Parking Eye has proposed mediation. What is the consensus on this?
    Surely you know the answer to that?

    It is clearly spelt out in post #2 of the NEWBIES FAQ sticky thread.

    Are you not reading Bargepole's 'what happens when' post?
  • tlew12778
    tlew12778 Posts: 17 Forumite
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    Apologies. I read it in the summer. Will go back and have another read through.
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    Mediation is a CLEAR and absolute no-no, in the advice. Please read why not.

    Also, if you read the advice in the Summer, are you ready for WS and evidence stage, and prepared for the hearing? All covered there and this is all about being prepared and ahead of the game. Knowing what to do - and why, when, and how - and what NOT to do.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • tlew12778
    tlew12778 Posts: 17 Forumite
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    Ok.. but if I’m understanding correctly, it seems to me like going to hearing results in an all or nothing (reimbursements aside). Is that correct? Seems like a 50-50 chance to me that we would end up forking out a couple hundred pounds plus a day off work.

    I’m also slightly concerned by the fact that my husband is not mother tongue English. I mean he speaks and understands it fine but he’s not remotely familiar with the UK court system or legal language (he’s a dr). I’m American and notwithstanding the lack of language issues, would still feel pretty intimidated in front of a judge so I can only imagine how he would feel in the same situation.
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 22 November 2018 at 1:09AM
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    actually , the odds are 51% to 49% , a bit like the current B word (darent say it)

    a judge decides on the balance of probabilities, but is guided by the law, the evidence, the statements etc

    I am english born and bred and not versed in legal matters , legal language or civil court either, most people who come on here arent, so he is probably the same as 90% as everyone else who comes here, including me

    the idea with court is it costs them money and a judge could award a smaller figure if the claimant wins, they are entitled to the original charge plus court costs and legal fees , typically £175

    it seems to me that a charge was paid to the attendant who asked for it, so unless they can prove the defendant is at fault, they have to blame their own employee, so could easily fail in court, if they do you can claim up to £95 in fees and loss of earnings etc

    ps:- all this talk about bailiffs at your door is complete nonsense
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