General form of Judgement or Order - HELP!!!!

[elisebarton]

Hello,

i am currently disputing a ticket issued to me in the road that i live in it has private permits issued that residents pay for the company is Parking and property management,

i had a valid permit and still do have a valid permit with my registration plate on but it slipped from my window that particular day

i have received a General form of Judgement or order and it suggests mediation services of which i have emailed today to say that i would like to go through with the mediation to save going into court!! however if the parking company do not want to go through with the mediation , what will the next steps be?

on the order it doesn't actually have a court date but it says that the parties before hearing must send documents so that they are received no later than 4pm on 4 weeks 12/06/18 fourteen days before hearing!

i really don't want to have to go into the court hearing and i have no indication of what the costings of this actually having to be heard in a court room will be! i'm expecting a baby and can really do without the stress!

any guidance/advice on this would be greatly appreciated

thank you, Elise

[jaguarsuk]

Hi Elise

In answer to your question, if they do not agree or this cannot be resolved at mediation it will go to a hearing. Have you filled in an N180 Directions Questionnaire prior to this order being sent to you?

Please could you post a copy of the order and pages with it removing personal information?

[elisebarton]

Hi Elise

In answer to your question, if they do not agree or this cannot be resolved at mediation it will go to a hearing. Have you filled in an N180 Directions Questionnaire prior to this order being sent to you?

Please could you post a copy of the order and pages with it removing personal information?

Hello thank you for your response, yes i did fill out a N180 questionnaire a while ago and ticked that i would be interested in the mediation at that stage too.
Genral form.PNGform 2.PNG
i have posted the order here

[elisebarton]

what would the costs be if mediation didnt go ahead? , i dont think the parking company are going to want to do mediation to be honest

[jaguarsuk]

Paragraph 3 explains that they have either enclosed or will send out a hearing date separately, so if not enclosed they'll let you know.

Paragraph 1 tells you "The mediation service is free."

They should agree to mediation as you are supposed to try to settle a claim without need of a hearing, but whether they'll actually agree to anything during it is another thing.

I'm not the person to talk with about the particularities of parking, but you haven't detailed what they are claiming and your defence to it?

[elisebarton]

Paragraph 3 explains that they have either enclosed or will send out a hearing date separately, so if not enclosed they'll let you know.

Paragraph 1 tells you "The mediation service is free."

They should agree to mediation as you are supposed to try to settle a claim without need of a hearing, but whether they'll actually agree to anything during it is another thing.

I'm not the person to talk with about the particularities of parking, but you haven't detailed what they are claiming and your defence to it?

Hello,

i know that mediation is free its the court costs that scare me!!

i have a private permit that i pay yearly for to park outside my house , it has my registration number on it and i sent photos to show that it has been valid since September 2015 as it states the date on the permit, but because it slipped out of my window (and when i got to my car the next day it was visible in the passenger foot well), they are claiming that i parked unlawfully because i didn't display my permit.

My defence statement was that they must keep account records and have a database of permits on record as an annual fee is paid and all permits in my road are issued with individual registration plates printed on them of which you have to send your V5 to prove your residential address, so they must have a database of permits with validity ,addresses and vehicle registrations So why have they bothered to obtain and hold my registration plate and have all of my personal information if they are not using that this to be able to identify which cars are legally allowed to park in the residential road. there should be a level of protection for the residents not being penalised for living in the road!!

[jaguarsuk]

Costs are limited in the small claims track unless there is unreasonable conduct by either party. If one party doesn't agree to mediation it could be seen along with other things as unreasonable conduct, but there's no additional costs automatically added.

If you lose you will be liable for the issue fee, hearing fee plus and interest they have claimed.