Received court papers: Re: Parking Co-op, Whitby 27th July 2012... WON

[pt2537]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi M1,

Marvellous!

Re. Mediation - I'm a little surprised by your view but I think I follow your drift apart from when you say 'even if you don't expect anything'?

My defence puts the claimant to strict proof on various counts so what is there to mediate?

I feel I have a very robust defence (entirely down to you) and therefore, I am quite happy to see it all the way to court.

I have no desire to speak to any of these cowboys!

I will keep you updated - cheers again...
PS... Re. 'when costs are decided it'll look better' should read 'IF' ..... fingers crossed! :santa2:

take a look at the OMFS case before you reject mediation!!!!!!!.

In OMFS the successful party was ordered to pay the costs of the losing party due to an unreasonable refusal to mediate. Mediations always worth a punt, if they refuse then the Court can make an order that they pay the costs even if they lose.

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi pt2537,

Thanks - Okay - will do...

I suppose one just has to be very careful that nothing is said during a mediation session that could be construed as contradicting the defence. For example, agreeing to pay a reduced amount when all along the defence argues that nothing is actually owed.

When you say "Mediations always worth a punt, if they refuse then the Court can make an order that they pay the costs even if they lose"... Won't they have to pay the costs anyway if they lose??

PS... I've now looked at the case in question - this is a case involving values in excess of a million pounds not a private parking charge notice - are we not getting a bit carried away?

[pt2537]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi pt2537,

Thanks - Okay - will do...

I suppose one just has to be very careful that nothing is said during a mediation session that could be construed as contradicting the defence. For example, agreeing to pay a reduced amount when all along the defence argues that nothing is actually owed.

When you say "Mediations always worth a punt, if they refuse then the Court can make an order that they pay the costs even if they lose"... Won't they have to pay the costs anyway if they lose??

PS... I've now looked at the case in question - this is a case involving values in excess of a million pounds not a private parking charge notice - are we not getting a bit carried away?

the value of the case is irrelevant, its the principles of law that are important, the fact OMFS was about a million pound case doesnt change the fact that a failure to engage in mediation can be construed as unreasonable conduct.

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi pt2537,

Point well made - looks like we're ticking the mediation box then!

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi M1,

I have agreed to mediation (as per your advice) - N180 'small claims directions questionnaire' sent by email to CCMCC and originals in the post (today's date).

What's your prediction...

Do you still think they will pull out or do you get a feeling this might go all the way?

[mystery1]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

I'll be gobsmacked if any DEAL claim that has a half competent defence makes a hearing. They might go right to the point of a hearing and just not turn up.

M1

[primafacea]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi Spotty Dog,

Just wanted to wish you (and all Members on here) a Happy 2015. The support offered by this site is invaluable.

I also unfortunately parked at an unfamiliar Co-op, live in the Midlands and am pretty much in the same boat as you. I also have to complete my Directions Questionnaire by 08.01.2014. I have ticked no to mediation as I don't trust CEL/DEAL nor do I think either party has any common ground whatsoever on which to mediate, but I can see the logic in attempting to do so. Your case will be very interesting. I will be following it intently and wish you the very best of luck.

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi primafacea,

Thank you for your very kind words of support - I'll update this post with progress as it develops. I share your sentiments entirely concerning the support offered by this site - in my case especially to mystery1 who has been marvellous.

Out of interest, when/where was your 'unfamiliar' Co-op incident?

Also wishing you a Happy New Year!

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

I'll be gobsmacked if any DEAL claim that has a half competent defence makes a hearing. They might go right to the point of a hearing and just not turn up.

Thanks for your continued reassurance - I wouldn't be so confident without your guidance in compiling such a robust defence.

[primafacea]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

It was near Redditch on New Years Eve 2013 close to a relative. We had shopped in the store during the day and returned in the evening (when the store was closed) as our realive treated the whole family to dinner at a local restaurant directly opposite. Our disabled relatives and other locals used this car park often. It is a free car park with no payment meters whatsoever. No-one was remotely aware it belonged to the Co-op. There are free parking signs dotted all along the highway that actually state FREE Parking. We never once spotted any sign by Civil Enforcement and knew nothing until two PCNs arrived at both our address and our relatives. This parking scam appears quite lucrative especially as the car park attracts no business rates. Both the signs and ANPR in this car park had no planning consent. The one sign has since been removed and replaced with many smaller signs.

I have also been writing to the Co-op. I even offered to donate the money to their chosen charity. So much for a supposed ethical company. Suffice to say all Co-op bank accounts, funeral arrangements and so forth have all been cancelled by the entire family and everyone avoids shops in that area and all Co-op stores.

What annoys me is, I have since found out many people who cannot afford to pay are paying up through fear and going without essentials due to these threatening fraudsters. I have been getting assistance from a similar site to this (Pepipoo). They too are amazing.

[primafacea]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Please see this http://parking-prankster.blogspot.co...-cases-of.html

The Co-op are representing their employees against CEL and DEAL.

It would appear the original contract is between Creative Parking and the Co-op and not CEL. How can we be certain CEL can bring a claim in their own right?

[mystery1]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Please see this http://parking-prankster.blogspot.co...-cases-of.html

The Co-op are representing their employees against CEL and DEAL.

It would appear the original contract is between Creative Parking and the Co-op and not CEL. How can we be certain CEL can bring a claim in their own right?

We can't, but they have been put to proof. Point 4 of the defence

M1

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi M1,

I have received an email from the Small Claims Tribunal Service stating:

"All parties in the claim have indicated that they are willing to try and resolve the matter using the Court’s telephone mediation service - with that in mind, please contact the Mediation Team on the number below so that we can arrange a suitable time for a 1 hour long mediation telephone call. If mediation is to take place it must happen on or before 10/02/15."

Can you offer any advice on how to prepare for this session?

[mystery1]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

It's not a legal argument so decide what you want beforehand and stick to it.

If you want the claim dropped on the basis of no costs to either party then that's what to ask for.Mediation doesn't have to reach a successful conclusion.

If you're happy to take an offer, take it. If not, don't.

M1

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi M1,

Thank you for your advice - just wish to clarify:

It's not a legal argument so decide what you want beforehand and stick to it.

There will be an argument unless they accept my defence and agree to withdraw.

If you want the claim dropped on the basis of no costs to either party then that's what to ask for.

OK

Mediation doesn't have to reach a successful conclusion.

Thanks, I appreciate this but what happens next if we don't resolve the issue amicably?

If you're happy to take an offer, take it. If not, don't.

I would expect they intend to use mediation as an opportunity to persuade me to pay a certain amount rather than go to court. I suppose this is where one person might pay up to simply bring the matter to a close whilst another might dig their heels in and remain loyal to their defence that nothing is and never was owed for various reasons (as per their defence).

So, what are we saying here?

My concern is that if we enter into any negotiation regarding an early settlement based on me paying an agreed amount which is subsequently rejected, such consideration might prove detrimental to my defence in that one minute I'm saying I owe nothing but, in the next, I'm saying, if the price is right, I'm happy to settle out of court.

I suppose this is where one either sticks to their defence and takes a gamble as to whether the matter ever ends up in court and if so, that the case is proven or whether they 'pay up' to overt any risk in which case it is just about the amount they're asking for.

If it comes down to this, what do you think would be a reasonable amount to agree to given that we still don't know what parking restrictions / charges were in place although it would appear the original amount of £90 shown on the PCN refers to a charge in respect of exceeding a period of free parking.

M1