**DISCONTINUED!!** PCN received from parking cowboys advice needed

[upsadaisy]

Re: PCN received from parking cowboys advice needed

Mystery , just a quick note , letter arrived today , Notice of transfer of proceeding to CC Hearing Centre Blackpool for allocation,i think its just a standard letter, i.e. referred to a procedural judge who will allocate the claim to track and give management directions , details of the judges directions will be sent to me ,in a notice of allocation , but wait till i get this before or if i need further info. Does this mean at this stage that it will be going to court and the judge will allocate a date or ? . Does the direction mean what both parties need to do , i.e. photos, evidence ect that will be relied on in court , what actually happens if this is the case ,i send mine , but claimant doesn't THANKS

[upsadaisy]

Re: PCN received from parking cowboys advice needed

mystery , i am thinking of one last go , with email to MIL again asking for photos of my vehicle on site with times and dates in and out , and also signage to which the incident relates , again with dates , the judge will probably notify us both as to the evidence with we will rely in court ,with a copy to him and the claimant and defendant, so whats the use of holding on to them , is it advisable or should i just let it run ,and see what develops , i sent last email 2/9/16 to MIL THANKS

[mystery1]

Re: PCN received from parking cowboys advice needed

Does this mean at this stage that it will be going to court and the judge will allocate a date or ? . Does the direction mean what both parties need to do , i.e. photos, evidence ect that will be relied on in court , what actually happens if this is the case ,i send mine , but claimant doesn't THANKS

Pretty much. If they don't send anything then the court should refuse to let them use it and it'd be very hard to make their case without it.

is it advisable or should i just let it run ,and see what develops , i sent last email 2/9/16 to MIL THANKS

Give it one last shot.

M1

[upsadaisy]

Re: PCN received from parking cowboys advice needed

mystery, I have had a letter today from MIL , i thought it might be the photos and all the other info that asked for , i send a email on the 12th , asking for the missing pieces, but no nothing like that , although I didn't expect anything they hadn't got , its stating PART 36 OFFER ,stating that as we haven't reached a settlement during mediation , what that means I'm not sure , they have reviewed the file ,and taking into accounted costs , i.e. £25 hearing costs, costs to attend court ect , they will accept £100 in full and final settlement ,this offer is intended have consequences of part 36 sec 1of CPR ,valid for 21 days from the 15/9/16 ,
On first reading i thought they were going to give me £100 but i am a wishful thinker . I feel like telling the gentleman concerned that he has not responded to what i asked for ,I have found fault with different parts of the paperwork I've been sent ,and when instructed by the court i will turn up in court ,state my case with the evidence and photos i have and apply for costs , i am not guilty and if i had been originally i would have paid PAS the £60 THANKS

[mystery1]

Re: PCN received from parking cowboys advice needed

Well the most profitable thing for them is getting £100 without having to fork out for a court appearance.

Make them your own offer, drop the case and i won't claim costs

M1

[upsadaisy]

Re: PCN received from parking cowboys advice needed

Mystery , I will make offer , what does part 36 set ion 1 mean in lay mens terms

[mystery1]

Re: PCN received from parking cowboys advice needed

For your case, very little.

It's supposed to be that 1 side makes a reasonable offer to hopefully get the case away from the court. If the case continues then if the claimant wins more than the offer they made to settle they get extra costs but if they win less than the offer the get penalised.

Part 36 however does not apply to the small claims track which a claim for a few hundred quid will be allocated to in 999999/1000000 of cases. Of course it would be unreasonable to decline a reasonable offer and such behaviour would potentially fall under unreasonable behaviour which IS covered by the small claims costs rule and extra costs could be awarded. An offer to settle for £100 is unlikely to fall within that but had they offered to drop it if you forfeited costs that probably would be covered.

Essentially, as i said, it means feck all for your case.

M1

[upsadaisy]

Re: PCN received from parking cowboys advice needed

Mystery , sorry to be a nuisance , how should i word it , do i ask for post or will email do if he agrees , do i state how long the offer is for , and if he won't accept it , shall i tell him ill see him in court , should i tell him anything else that might help to settle , I've got a few arrows in the quiver THANKS

[mystery1]

Re: PCN received from parking cowboys advice needed

Dear dipstick,

Thank you for your part 36 offer of xx/xx/xx. I must refuse such an offer as you have no pleaded case. In any event, this case is destined for the small claims track where part 36 does not apply.

However to fulfil my over riding objective requirements i will counter your offer with a drop hands offer. If you discontinue the case i will make no claim as to costs. This is more than fair as you have no case and have barely attempted to follow the rules in pleading any case.

Yours etc

M1

[upsadaisy]

Re: PCN received from parking cowboys advice needed

by letter or email, or both and do i give him time (14 days) to confirm in writing THANKS PS you have a great way with words LOL

[mystery1]

Re: PCN received from parking cowboys advice needed

Email for me. Cheaper and quicker.

M1

[upsadaisy]

Re: PCN received from parking cowboys advice needed

Mystery , as discussed , I emailed MIL regarding Part 36 offer (15/9/16) but have had no reply at all , do i keep pestering them ,or do i wait for the Blackpool CC to contact me with court date ( if it gets that far ) , will I eventually have to disclose to MIL evidence of mistakes in paperwork and photos i have regarding signs ect , or again do i have to wait for court date , THANK YOU

[mystery1]

Re: PCN received from parking cowboys advice needed

I'd just wait now.

Disclosure is 2/3 weeks before the court date usually.

M1

[upsadaisy]

Re: PCN received from parking cowboys advice needed

Mystery , just an update , still nothing off MIL from the last email i sent , today i have received a notice of allocation to small claims track ( hearing) , stating that district Judge has considered the statements of case and questionnaires filed and allocated the claim to the small claims track , The letter is dated the 6th but no court date given , parties to file within 4 weeks , with originals brought to the hearing , MIL have to pay £25 hearing fee and want to be informed if settlement reached before the hearing date ,the fee to be paid before 28th . Can you advise what i do , i.e. documents , photos , and a brief statement of the facts ect , do i sent this info to MIL also , and do i contact MIL again to see if they are going to proceed or ? THANKS YOU

[upsadaisy]

Re: PCN received from parking cowboys advice needed

Just to add to last email , do I still not disclose whom was driving , and also if I have to give photo of signs to MIL , I don't think they will have evidence of original signs when incident took place and might copy them , there have now been 3 different signs over the last few months , the most recent is a new ppc running the site , , looks like Parking awairness making way for another bunch of cowboys