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County Court Telephone Mediation Appointment with BW Legal - Please advise.
9th October 2019, 22:44:PM
This is concerning an NCP Unpaid Parking Charge Court Mediation with BW Legal Appointment in 2 weeks
Alleged contravention was in April 2018
We have also both completed the Directions questionnaire.
There claim is basically stating I did not pay the parking charge fee.
Amount claimed and interest £178.08
Court fee £25
Solicitor Costs £50
Total £253.08
To give you a better idea...
My defence to the claim is as follows...
There was no need for the Claimant to have issued a County Court
claim, as there has never been a denial on my part to pay the car
park fee.
There was no deliberate act to avoid payment of the parking fee
The machine I tried to use was out of order.
I have never refused to make the initial parking fee payment.
I have written offering to pay the parking fee charge which was
refused by the claimant
The claimant's claim is for an unfair excessive amount and costs.
I have wrote to the claimant and its agents via recorded delivery
(signed for) on several occasions in trying to resolve the matter.
They have either not responded or have never answered my questions
and issues raised.
I have never been supplied with photographic evidence of any
displayed signage of the parking terms and conditions in a clear
and legible manner, and showing that the areas and parking zones
were fully lit, with adequate lighting in place, prior to or on
the actual date and time of the alleged parking contravention.
There was inadequate car park lighting in place at the time of the
alleged parking contravention, despite it being a wet and dark
evening.
There has been no confirmation of who the actual driver was at the
time of the alleged contravention, just a parking charge notice
issued to the vehicle registered keeper.
I have not been shown any photographic evidence of any other
working car park pay machine that were in place on the site,
prior to, or at the time and date of the alleged parking
contravention.
The Claimant and representative have failed to address all the
issues that I have raised, or supplied me with requested
information. This shows that the claimant has not followed the
legal requirements under the Freedom of Information Act.
The only photographic evidence of signage that they have supplied to me was
dated July 2018 when the alleged contravention was actually in the April 2018.
Please advise me, and what do you suggest I should negotiate at the Mediation.
Also if mediation does not resolve the issue, and should they decide to proceed to a court hearing,
Is it true that there is a cap of £200 in what I would have to pay them should I loose
the case..
Thank you.
9th October 2019, 22:44:PM
This is concerning an NCP Unpaid Parking Charge Court Mediation with BW Legal Appointment in 2 weeks
Alleged contravention was in April 2018
We have also both completed the Directions questionnaire.
There claim is basically stating I did not pay the parking charge fee.
Amount claimed and interest £178.08
Court fee £25
Solicitor Costs £50
Total £253.08
To give you a better idea...
My defence to the claim is as follows...
There was no need for the Claimant to have issued a County Court
claim, as there has never been a denial on my part to pay the car
park fee.
There was no deliberate act to avoid payment of the parking fee
The machine I tried to use was out of order.
I have never refused to make the initial parking fee payment.
I have written offering to pay the parking fee charge which was
refused by the claimant
The claimant's claim is for an unfair excessive amount and costs.
I have wrote to the claimant and its agents via recorded delivery
(signed for) on several occasions in trying to resolve the matter.
They have either not responded or have never answered my questions
and issues raised.
I have never been supplied with photographic evidence of any
displayed signage of the parking terms and conditions in a clear
and legible manner, and showing that the areas and parking zones
were fully lit, with adequate lighting in place, prior to or on
the actual date and time of the alleged parking contravention.
There was inadequate car park lighting in place at the time of the
alleged parking contravention, despite it being a wet and dark
evening.
There has been no confirmation of who the actual driver was at the
time of the alleged contravention, just a parking charge notice
issued to the vehicle registered keeper.
I have not been shown any photographic evidence of any other
working car park pay machine that were in place on the site,
prior to, or at the time and date of the alleged parking
contravention.
The Claimant and representative have failed to address all the
issues that I have raised, or supplied me with requested
information. This shows that the claimant has not followed the
legal requirements under the Freedom of Information Act.
The only photographic evidence of signage that they have supplied to me was
dated July 2018 when the alleged contravention was actually in the April 2018.
Please advise me, and what do you suggest I should negotiate at the Mediation.
Also if mediation does not resolve the issue, and should they decide to proceed to a court hearing,
Is it true that there is a cap of £200 in what I would have to pay them should I loose
the case..
Thank you.
