UK Parking Control PCN

[des8]

So in your N180 you request hearing in your local court
You can download a copy of N180 here https://www.gov.uk/government/public...l-claims-track rather than wait for the court to send you it.
File in court and serve on claimant's solicitor

[Toomly]

Thanks

The N180 on the Gov website is different to the one DCB sent across. In section D it asks whether it is 'suitable for determination without a hearing'. This isn't on their form, so what should I put here?

I'm assuming No and stating the reason that 'the issues are complex they need to be argued orally' ??

[des8]

Correct .... can you post up a redacted copy of DCB Legal's N180?
Interested in seeing what their form is as I don't believe the N180 has been modified

[Toomly]

Here you go

[des8]

Thanks .... it seems they are using old stocks that were replaced 4 years ago!

[Toomly]

Hello!

Update on this is that I've just received a letter confirming the date for the mediation [July 31st].

Anything I should know beforehand / advice?

[des8]

only don't expect miracles as they are unlikely to agree to a token payment

[Toomly]

Hi

My mediation date is fast approaching but I'm slightly nervous about what my defence/position is.

According to the meeting prep guidance I received, I should be able to "briefly explain your claim or defence to the mediator. You should prepare for yourself a brief summary of the main points".

Is my main defence the fact there is no evidence as to who was driving the vehicle on the day?

[des8]

You don't have "a main defence" but many points each of which is a reason for it to fail in court

You defend the claim because it is unclear and they have presented a menu of different scenarios:
e.g. It is unclear how many parking charges are involved, or whether you are being sued as the driver or as the registered keeper

If as the driver where is their supporting evidence
There is no mention of how liability is transferred from driver to keeper

Signage was inadequate contrary to BPA operators code of conduct (as you found on a subsequent visit to the alleged site

POFA 2012 provides that the maximum amount which may be recovered from the registered keeper is the total amount of the unpaid parking charges specified in the notice to the registered keeper. Therefore, any associated costs in incurred by the Claimant in connection with the PCN(s) are not recoverable.

Section 68 of the Consumer Rights Act 2015. (CRA 2015) requires that every term of a consumer contract must be transparent and expressed in a plain and intelligible language, but the signs only refer to unspecified additional charges

Adding charges could be an attempt at double recovery, which is an abuse of process and could persuade a judge to automatically strike out the claim

Do not be drawn into relying on one point only!

[Toomly]

Thank you

[Toomly]

Hi again

What is MY aim of mediation? Is it to resolve at a reasonable offer, or just a part of the process I need to go through before ultimately taking it to the Courts?

If it went to court, what are my chances of not having to pay an ex

They have offered to settle at £135 [down from £260]

[des8]

The court expects both parties to attempt to reach an agreement prior to the hearing, and one way is to go through mediation.

As court is always a bit of a lottery, and taking into account possible stress and the loss of a day spent waiting in court it is up to you to decide the level at which to accept a reduced offer, if at all.

I would not agree to a payment in excess of the original charge, because Pofa doesn't allow it for the Keeper, and if they win as you the driver you could argue that the Beavis case held that the original charge includes sufficient to cover their recovery costs.