BP Hatton Cross - N1SDT - not sure I have any defence?

[espere_alys]

I laid out my position and he's gone off to talk to them. I was very clear and insistent that he understand and repeat back to me that he understood my position as he kept conflating and confusing everything and at one point he told me I was wrong about POFA and their right to pursue the keeper. I said I had done my research and recognise that he may believe that but this is a case based on evidence not opinion and I would like to continue with what I currently understand to be correct.

I then pointed out that his mediation seemed weighted in their favour as he said 'they must have a case if they have come this far' to which i responded that this is not the language of a person who has no vested interest in the outcome and he did agree with that. I was very nice about it!

Basically I had to properly wrangle him to get him to understand the position, stop arguing with me, and to advocate for it appropriately. He then asked if i had a number in mind, and would i consider settling and right now i said I would like him to put my position that they should drop the case first, although I am here in the sprit of mediation and if there were an acceptable amount they would like to propose then i would be open to hearing it.

He's gone off to tell them so let's see. I'm shaking!

[des8]

haha ... those mediators are sometimes like that.
He must have been surprised to have such a strong reaction.
Keep going

[espere_alys]

they offered £234 so i think we are going to court. I've said under £60 or court.

[espere_alys]

the solicitor was given a hard line of £234 so it's an automatic rejection as apparently the client has set that as the final lowest limit and the solicitor is therefore unable to budge on it.
So i've said ok court it is.
he said they may contact me to discuss a settlement outside of this process but said mediation is now completed and we should be invited to court in about five or six months.

[des8]

So court papers will be issued and at some point DCB Legal will probably come back with another offer.
Please keep us up to date

[espere_alys]

The mediator was convinced they were very confident that their position is good and as confident going to court as I am.
They say the signage is adequate and does meet all legal obligations, and therefore all valid.
He said they are also happy that they have followed all the POFA procedures and stated that it's the keepers responsibility if that liability needs to be transferred to someone else, and if I failed to transfer liability elsewhere then that is my issue.
They did not accept the needed to identify the driver.
So I am feeling a little less confident, but still, I figure if they are coming for £234 now, then I might as well go all the way.

[des8]

Normal scare tactics to put pressure on their victim!

Even if you lose you should not pay more than around £185 (made up from £100 charge plus court costs £35 plus solicitor costs £50 plus tiny amount for interest)

[espere_alys]

hello again.

I've had probably 20 odd missed calls from DCB Legal over the last few months, but they were always recorded automated things and I always let them go to answerphone.

On Monday I received the letter from the local court, no date, just a 'notice of allocation to the small claims track' for the first available date after the 10th October.
It says
- each party shall serve on the other party all the documents on which he relies by 29th August 2025, and
- the parties shall exchange witness statements of fact by 4pm on 12 Sept
- the claimant shall file the docs on which each party wishes to rely

I don't know if I have to do anything there, I assume DCB Legal have all the details that need to be filed from the original exchange of paperwork.

Also, I received the following email from them:

WITHOUT PREJUDICE SAVE AS TO COSTS

We write to you in relation to the above matter.

To assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. I can confirm our Client would be agreeable to £100.00 in full and final settlement of this Claim. The current outstanding balance is £314.44.

Should you be agreeable to this offer, please confirm the same within 7 days. Payment can be made via our website www.dcblegal.co.uk, by calling our office on 0203 838 7038 or via bank transfer:　

Upon receipt of the settlement sum of £100.00 we will update the Court that the matter has been settled. If you are not agreeable, we will continue to follow the Court process as normal.　

I also read on a MoneySavingExpert forum that there have been quite a few cases dismissed before they get to court. So wondering if I should just wait for the court date.

Thanks!

[des8]

You have received directions from the court which would be foolish to ignore.
YOU are required to serve on the claimant all the documents on which you will rely by 29th August and then send them a copy of your witness statement (WS) by 12 Sept. (have you written a WS yet?)
YOU also have to file with the court.

DCBL will have the same directions, but you cannot ignore the instructions sent to you.

I did suggest (post 65) DCBL would come back after mediation with a reduced offer (£234 down to £100 not bad!)
Up to you whether or not you accept the reduced offer, or try a counter offer.
Going to court, even if you win has certain costs you will not recover eg all the time spent and stress.
Unless I could get them to accept a lower amount, I would go to court ..... but my circumstances probably aren't the same as yours (as retired without any commitments I enjoy a day out ) and remember there is no certainty of a win (despite what MSE sometimes say) and court is always a bit of a lottery.

[espere_alys]

I am good with making a counter offer. I agree, the stress of going to court is probably a bit much right now with my full time job. I'll see if they will accept a lower amount. Any recommendations on wording?

And yes - I honestly find the court process baffling, probably the way my brain works, I don't even know what they are talking about.
If I wasn't required by any other part of this process to write a witness statement then I doubt I have one. I'll have to go back through everything tomorrow.
thanks!

[des8]

Some cases are withdrawn by the claimant before the court hearing (as mentioned on the MSE site) but don't count on it.
If the case reaches court there is no guarantee that you will win.
Small track county court is a bit of a lottery, and some decisions made by judges seem illogical
You say you find the whole process baffling.
If you get an understanding judge who appreciates your confusion, all well and good. But not all judges are understanding and rightly say that no lee way should be given to litigants in person and you must abide by court rules and procedures

IMO you have a good argument that the driver did not contract to park there (so their claim for breach of contract must fail).
The signage stated "customers only", so implicitly forbids parking by non customers.
It is not possible to contract to do something which is forbidden, so the driver, who was not a customer did not contract, and had no intention of contracting, to park there.
Essentially (s)he was a trespasser ... which is a whole different ball game
However whether or not you feel capable of arguing that point I don't know

You need to decide if it is better for you to accept the reduced settlement offer, or go to court with all it entails and risk losing.

If you make a counter offer, they may refuse it and still proceed with the case
They might still appreciate the strength of your defence and discontinue at the last minute

It's a lottery!

[espere_alys]

I think given the amount of time it has taken and I am working full time 60 hours a week right now, I think the best solution for me is to try to put a stop to it. I'm still irked but I'm probably not going to recoup the costs and may need to take a day off work for court and as a freelancer without annual leave that's a high cost.

Would this be an appropriate message to send to them would you think?

"Without prejudice save as to costs

I note your recent settlement offer of £100. My position remains that the claim is without merit for the reasons set out in my defence.

However, in the spirit of resolving the matter without further court time and costs, I am prepared to offer £60 in full and final settlement. This figure reflects the amount originally sought if paid within 14 days, and is consistent with my position during mediation.

This offer is made without any admission of liability and will remain open for 7 days from the date of this email."

[des8]

No harm trying it ... good luck

[espere_alys]

They agreed to the £60. Done and dusted. Thank you so much for your help. You've been an absolute godsend.

[des8]

Thank you for the update and pleased to have helped