Thread: Advice needed just had mediation

Hi i recieved a parking ticket in Dec 2007, i was parked on a private retail park outside a marked bay.

I did not know about this website before hand and i contacted the company refusing to pay.

county court papers were issued and i filled in my defence & returned it.

The photo clearly shows me parked outside of the marked bays, i have since lost the original ticket.

As far as i can remember the ticket stated i was causing a obstruction to emergency vehicles & i was parked outside a marked bay.

I have asked the company for a copy of the ticket to which they replied we do not send out copys of tickets etc it would seem your not disputing the fact you were at XXXXXX and parked in a DISABLED bay. I have recieved nothing since.

The court decided mediation to resole the issue which i had this morning over the phone, i stated i was not causing a obstruction to anyone as the lanes are very wide. I also mentioned the fact the company had emailed me saying i was in a disabled bay when i wasnt. The company gave there case and we got no where, they offered me a settlement of 80 pounds to stop the hearing going to court which i said i would think about and let them know on friday.

The signage at this place is poor, the part which informs you of the 100 penalty ticket is written in small white text on a light green background making it really hard to read. It also states on the sign the registered keeper enters a contract when parking that if they dont comply they are agreeing the ticket can be issued. i mentioned that the registered keeper might not be the driver and the mediator said they have to provide driver details which i corrected him on.

I said if the police had said i was seen speeding in Road A, then furthur down the line they said i was speeding in road B then the court would throw it out is this right or the same with my case?

What action should i take now the court mediator said the judge would look on the facts that i was parked outside a marked bay & the fact the company said i was in a disabled bay when i wasnt didnt matter.

Do i pay the 80 and forget about it or go to court to challenge it?

Help is greatly apprecited!

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what PPC is this ?
seems you have a defendable case to me.

From reading through many of the other threads in this forum b1gn3ll I think the consensus of opinion is that whilst they will THREATEN to go to court, it is unlikely to happen.

Given what you have said here already, i.e. that they have claimed in writing that the RK is liable (which they are not) and that the mediator* said you were obliged to name the driver (*you sure he didn't work for their company saying that!) I would be surprised if they would dare present such lies in front of the magistrate.

I suspect you will receive an expert opinion on this shortly in here so sit tight and don't even think about paying them would be my advise.

Originally Posted by lamma

what PPC is this ?
seems you have a defendable case to me.

Its Devere Parking Services

Originally Posted by lamma

it looks at this stage as though this will hinge on the wording of any letters from De Vere and the details of their claim (plus any letters you sent to them).

by all means scan or photograph their particulars of claim, scrub out your identifying details and post it up.

Some more details on the mediation would also be good, at the moment we don't really have the details or the full story.
e.g. do they call it a 'penalty', what did the sign(s) say - again pictures needed, their paper trail could well break statutes but we haven't seen it.

other questions as well but best kept off-board as a LOT of PPCs hang out here...

Is there is the a deadline date for any next step ? if so what is that date ?

In the meantime write to the DVLA and get all the information from the V888/2 request including the evidence of contract with the landowner.
see
How to request information from DVLA records : Directgov - Motoring

I can't find A Data protection register entry for them. PPC shave to provide a valid DP registration in the V888 request. this will help peel this onion. the 'evidence of contract' can lead to you finding out that they actually don't have any right to issue tickets. I bet they issued paper via MCOL and have not provided ANY proof to legal entitlement.

footnote Devere is 'normally' in fact TPS.

Thankyou for the reply i will try & upload the pictures and his emails later i did have them saved but cant find them so i'll take more pics.

The mediation wasnt very long he just stated the case from Devere parking i.e i was parked outside of a marked bay a ticket was issued and was not paid. I said yes i was outside of the marked bay but on the ticket it mentioned causing a obstruction & i was not causing a obstruction the mediator said devere didnt say i was causing a obstruction but i have lost the ticket although im 100% sure it did say that.

They call them parking charge notices, i said about the email from them re disabled bay and when he got back to me he said they realised they made a error in the email and re sent a correction one to me which suprise suprise i did not recieve.

He was saying to me if i go to court i will incur furthur costs and walk out dissapointed! in other words trying to resolve it there and then.

I said i would give a answer on friday but i can just say im not paying and it will go to court in September, plenty of time to do some research! i will be back later to post the pictures of signage and the emails ive recieved.