At mediation stage with DEAL _ Won.

[Dannkez]

Hi I have relied heavily on this forum until now for it's really useful advice, so firstly I thank u all for this.
my situation is same as most, a few months back I received the letter with the Northampton court on it requesting £215 and I, too, sent my defence in as outlined on other threads.
i then received a letter to say the claimant had not returned their defence and they had until jan 2nd 2015. All went quiet until today and I received the letter as I will attach in the next posts (I've omitted personal details)
i have seen on other threads that mediation should be accepted so what I am asking is the following-
1) do I agree to mediation?
2) the second page mentions getting together all documents for the hearing, which incidentally is not until May. I have of course sent my long defence, does this mean that I will need to send this again or am I now required to write a witness statement detailing my defence in full with exactly what happened on the day in question?

i hope you can help, many thanks

[Dannkez]

Re: At mediation stage with DEAL

Attachments below

[mystery1]

Re: At mediation stage with DEAL

Yes to mediation, even though most don't want to pay anything and will stick to that rendering mediation a failure. Some may see a token sum as worth it to reduce stress. In essence you do it and handle it how you want. If it fails it's back to court. Nothing lost.

No need to resubmit. What you will need is a witness statement and at least the assignment letter. Notices and pictures of signage etc if you have them.

Essentially your defence is you case. Your witness statement brings in to court evidence of matters which help your defence such as "i saw no signs" "i got a letter of assignment" etc etc You may or may not have other witnesses. Usually not but if someone was with you at the time and no signs were up you'd want a witness statement to that effect.

Your defence and witness statement should dovetail nicely so that when you put your case (argument) your defence ad evidence work in harmony. You have not been ordered to produce a skeleton argument so you have a choice whether to do that or just do i off the cuff on the day. I'd produce a skeleton argument myself.

M1

[Dannkez]

Re: At mediation stage with DEAL

Thanks for gettin back so fast! I had no pictures taken at the time and interestingly enough Co-op have put a sign up over DEALs signs saying they have stopped charging. I have heard this is due to the amount of complaints but cannot verify that.
so I get this right, my witness statement would detail the incident, I had no other witnesses, that the signs were not clear and then detail again like I did in my defence why I believe they have no case?
also should I take photos of the new signs?

[Kati]

Re: At mediation stage with DEAL

interestingly enough Co-op have put a sign up over DEALs signs saying they have stopped charging. I have heard this is due to the amount of complaints but cannot verify that.

also should I take photos of the new signs?

I'd like to see them if nothing else :tinysmile_twink_t2:

K x

[Dannkez]

Re: At mediation stage with DEAL

I'll get a picture later today and post it up

[mystery1]

Re: At mediation stage with DEAL

DEAL were never in control of the car park. That was CEL. DEAL were assigned most of the debt.

Co-op booted out CEL. In an act of revenge they've gone nuts including taking so many Coop employees to court the Coop employed legal services to help the employees. It appears to be not going very well for CEL/DEAL. http://parking-prankster.blogspot.co...-cases-of.html

Mind blowing stuff. I do disagree with the prankster about asking for a stay in DEAL cases.

M1

[Dannkez]

Re: At mediation stage with DEAL

Oh dear haha! Do you think the pictures will add any advantage to my case?

[mystery1]

Re: At mediation stage with DEAL

Not really. Pictures from the time would help but not from now.

M1

[mystery1]

Re: At mediation stage with DEAL

http://www.legalbeagles.info/forums/...ement-of-truth

A letter/email to see if your local court is interested in stopping claimants take the mick out of them.

M1

[Dannkez]

Re: At mediation stage with DEAL

Hi all, update on my case.
Never heard back from any party after applying for mediation.
i have now received a witness statement from an Ashley Horton who claims to work for CEL, albeit the claimant is still DEAL.
There is nothing majorly new in the statement other than that they have attached a 2hrs free customer parking leaflet on the back, This is strange as in their original claim they told me parking was free for 90 minutes and i was, if i recall, 18 minutes over this, which in turn discounts their original claim.
i now intend to write my statement, it will detail the layout of the car park, that a sign was present on entering but as i was driving and the lettering was small it was not possible to read. There were no other signs on my exit route walking out. It will emphasise they need to provide strict proof they have a valid contract with the landowner. It will detail that any contract will need to have offer, acceptance and consideration both ways and that the gift of parking is down to the landowner.
it will state that if DEAL were able to charge monies than interest would not be due as there is no base debt on which interest can be charged. also that under BPA guidelines, £130 is an unreasonable amount to charge and not based on a pre-estimate of loss.
im going to add at the end about the 2hrs parking leaflet but just need to know if you think i should add anythign else?

[mystery1]

Re: At mediation stage with DEAL

You need to add about assignment and that it stated only 87.5% was assigned.

You are the 3rd person who has that 2 hour nonsense even though they stayed less than 2 hours.

M1

[Dannkez]

Re: At mediation stage with DEAL

sorry i dont understand this bit -
You need to add about assignment and that it stated only 87.5% was assigned.

[mystery1]

Re: At mediation stage with DEAL

http://parking-prankster.blogspot.co...-made-bad.html

M1

[Dannkez]

Re: At mediation stage with DEAL

Hi
was just preparing my final statement when I realised in DEALs statement to me it states the completely wrong carpet in a place in Manchester. I live no where near there and was never there.
so not only do they mention the wrong car park but they also exhibit the wrong signs.
how should I make my statement reflect this?
thanks in advance