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Napier Parking County Court Claim
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Hi again all,
Just an update, defence submitted last month.
Had an acknowledgement from county court that it is now a defended claim.
I now need to complete form N180 and return, I have also received a copy from BW Legal where they wish for this case to be referred to small claims mediation service.
Am I right in assuming that I categorically do NOT agree to mediation and just defend the claim fully?0 -
I was in the SCC last week and the judge turned down my claim for unreasonable conduct costs. Bargepole of this Parish thinks it may be because I refused mediation.
Others here say always refuse, but I am not so sure.You never know how far you can go until you go too far.0 -
The normal argument against mediation is that the Defendant's position is that they owe nothing and won't budge, and the Claimant wants something. Therefore there will never be a meeting of minds, so what's the point.I was in the SCC last week and the judge turned down my claim for unreasonable conduct costs. Bargepole of this Parish thinks it may be because I refused mediation.
Others here say always refuse, but I am not so sure.
If you feel that having done mediation may benefit in terms of costs eventually, then you can accept. But in the actual mediation, you need to be strong, and simply repeat, "I owe nothing, anything more than zero is not acceptable," so stonewalling the whole thing. (It's OK, you don't ever confront the Claimant, it's all done via the mediator over the phone, I understand.)0 -
I now need to complete form N180 and return, I have also received a copy from BW Legal where they wish for this case to be referred to small claims mediation service.
Am I right in assuming that I categorically do NOT agree to mediation and just defend the claim fully?
Why don't you follow the guidance offered by Bargepole linked from post #2 of the NEWBIES FAQ sticky thread?
He suggests:4. After sending off your Defence, the Northampton Business centre will send a copy to the Claimant, and then send a Directions Questionnaire (form N180) to both Claimant and Defendant. You must complete this by the date given, and send it back to Northampton, with a copy to the other side (or their solicitors if they've nominated one as the address for service). The recommended answers to the questions are as follows:- A1 = NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you)
- B = fill in all the details, name, address, etc
- C1 = YES to small claims track – this is the limited costs track for claims up to £10,000 in value
- D1 = name of your local County Court – unless you are a Ltd company, the case files will be transferred there
- D2 = NO to expert evidence (this relates to medical negligence cases and suchlike)
- D3 = 1 witness (that’s you) (or more if you are going to get another person to provide a statement)
- D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one).
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I was in the SCC last week and the judge turned down my claim for unreasonable conduct costs. Bargepole of this Parish thinks it may be because I refused mediation.
Others here say always refuse, but I am not so sure.
Bargepole when preaching here pro bono advocates the opposite and also says refuse.
Why he told you the opposite is a mystery. Maybe trying to justify his fee after you lost??
When you agree to mediation the mediator wil simplyl take the view you are "guilty", owe the money and try to get you to make an offer. No other "mediation" will be offered.0 -
Actually he won his claim, but didn't get his unreasonable costs:-Bargepole when preaching here pro bono advocates the opposite and also says refuse.
Why he told you the opposite is a mystery. Maybe trying to justify his fee after you lost??
When you agree to mediation the mediator wil simplyl take the view you are "guilty", owe the money and try to get you to make an offer. No other "mediation" will be offered.
https://forums.moneysavingexpert.com/showthread.php?t=58568820 -
Bargepole is absolutely honourable when helping people (sometimes for free in parking cases) and clearly says that in parking cases the answer to Mediation is ''no'' because there is nothing to discuss, no debt.
The Deep's case wasn't a parking case, so I assume with the benefit of hindsight, bargepole felt that the Judge's comments showed that mediation might have looked better for DP.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 THREAD0 -
Got it in one CM. I suppose I could have agreed to a lesser figure, but the defendant was a dentist, have you any idea how much they charge for implants!You never know how far you can go until you go too far.0
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Got it in one CM. I suppose I could have agreed to a lesser figure, but the defendant was a dentist, have you any idea how much they charge for implants!
So your case was nothing to do with private parking (thus irrelevant and off topic to this forum - and certainly off topic to post your contradictory "rethink" advice to the OP here)
Bargepole's advice to you looks to have been based entirely on your individual hearing and presumably didn't mean or expect you to take it up and post here that others advising no to mediation over parking cases are in need of a rethink!0 -
Hello all,
So thought this might go away, after my defence was submitted (my defence in the previous posts) I had a letter from the courts stating that the claimant needed to do XY and Z or the claim would be thrown out.
But unfortunately I have lost my correspondence folder with all my letters in during a house renovation, so I cannot remember what was said. Is there somewhere online where I can view this. On MCOL all I can see is my defence and acknowledgment of service.
Anyway 14 days before the court hearing I have received a 50+ page witness statement from BW Legal outlining site details, contracts, stating that on date X I breached t's and c's etc, and answering my defence stating that my defence is disappointing and is just a readily available defence taken from a forum off the internet. Along with this is are photos of the car in question, signage, copies of letters etc
Just a quick one - a ticket was never actually put on the vehicle, all the photos are just photos of the vehicle, no ticket - does this make a difference?
After reading some of the stickies, I think all paperwork had to be completed 14 days before hearing. And all I have submitted is my defence which you can see in the post above.
It is now around about a week until Court date.
They have said that their client will not be in attendance at court, but will be represented by an advocate.
What do I do? Any help appreciated0
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