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    • Referring back to to your initial post... So not a judgment ?
    • I have never heard of any such law. Please post a link to what you have read online that explains this law. And please confirm whether you were ever married to or in a formal Civil Partnership with your Ex.
    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Alternative Dispute Resolution (Mediation)


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Mediation is a must if you want to stay on the right side of the judge and avoid the opposing party using a refusal to mediation against you during the case.

 

Specific attention is being paid by courts to timescales in orders; and the use of Alternative Dispute Resolution (ADR) such as mediation. Practice Direction- Pre-Action Conduct section 1.2(2) and section 8 asks participants to consider ADR methods before going down a more formal route, and the Civil Procedure Rules (CPR) part 1.4(e) asks parties to explore the suitability to mediate. If a mediation offer is not considered or explored, refused or ignored, this is now being seen as unreasonable failure to comply with a rule, practice direction or a relevant pre-action protocol.

 

Recently ignoring a request to mediate (i.e. not responding one way or another) was seen as ‘an unreasonable refusal’ to mediate and incurred costs implications for the offending party (PGF ii SA – v – OMFS Company Limited [2013] EWCA CIV 1288 2nd October Court of Appeal.) Sanctions can be anything, at the judges behest.

 

The mediators opening gambit is to ask you 'what is the nature of your grounds to dispute the claim'. It is important you remember the burden of liability and strict proof. This is the ideal opportunity to find out exactly what the claimant has against you i.e. refer to the particulars of claim and do not deviate from them. Answer the claimant’s position and claim; and do not expand at this stage. The claimant will have to support their case and answer your disputed issues. This may sound like I am asking you to be difficult, not at all. You are the defendant and only have to defend the claimants claim but you will do no harm to your case by finding out what they have against you.

 

My point being, you don't want the claimant having the opportunity of obtaining all of your argument and then using the mediation to satisfy CPR but not taking it seriously; and then tailoring a WS to defeat your position whilst giving you no such information during mediation. So initially (first 15mins) use the time to gain some idea of the actual substantiation the claimant has against you. It will help you evaluate the need to settle and potential settlement you are willing to go to as the mediation progresses.

 

The mediation itself will be brief and probably seem rushed, as you only have an hour. It is important you get your matters of dispute out early, to leave enough time to negotiate. Take notes of their argument in case you don't settle, this will help others on here to advise re your WS.

 

The mediator will shuttle between the two parties passing information backwards and forwards. They may play devil’s advocate and challenge your position and you will feel under pressure, but don't. The mediator wants to settle and move on, they are paid a flat fee and work on volume, don't be pressured and do have yourself prepared for the mediation with everything you want to say and have ready your various negotiating positions.

 

Settlement can be financial i.e. a lower value over an agreed term of instalments, and can also be in relation to the actual terms i.e. the claimant with notify the defendant of a default in writing and will allow 14 days to remedy this default- as opposed to a term which states the claimant upon default by the defendant can go straight to court to claim the original amount due to a default of this agreement.

 

You really need to work out what you can afford and what you are prepared to pay, over what period and on what terms. That way you do not waste time with basic elements of negotiation. Start with a best case scenario offer and be prepared to narrow the gap between you. That may change the more you find out about their case.

 

Approach this mediation with an open mind and with an appetite to settle, if that is what you want. You have a great opportunity to bring closure on your terms, without having a judgement imposed on you by a judge; and avoid the possibility of attending court, avoiding a possible CCJ, avoiding the stress and the other issues that this dispute or possible judgement against you brings.

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