Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belverdere Street Car Park, Mansfield, Nottinghamshire, NG18 1JJ

[FTMDave]

That's how it read to me too dx.

[Laura Cooke]

Wish it was my case but an interesting read all the same, as per usual I do not know how to share the link so I apologise for that

[dx100uk]

copy and paste the url (where it says http etc etc) at the top

dx

 

dx

[FTMDave]

Laura, now you've taken the immediate steps to defend the claim, it would be a very good idea to read this short thread  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments

 

You will learn all the steps of the court procedure from now on.  You'll be forewarned about what is to come.

[dx100uk]

little tip....STOP wasting your time surfing the internet .....you DONT need too.

use our enhanced google searchbox ONLY.

stick to CAG info else you'll be away with the fairies when we dont need you to be.....

 

 

dx

 

[FTMDave]

Any update here?

[Laura Cooke]

A letter was sent by the Court but not received then another letter came in the last couple of weeks saying needed to answer to directions, filled it in sent back to Court said did the defendant agree to Alternative Dispute Resolution and not heard anything since

[dx100uk]

you mean you failed to watch mcol and missed DQ N180 filing?

so you've now done this: 

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

you should not be disappearing for +7 mts, doing something and thinking you've got it right.

always update us on every step whatever it is in/out

dx

 

 

 

[Laura Cooke]

Not heard anything for months so wasn`t able to update had Pneumonia been very unwell, this has been the last thing on my mind, as did think after all the advice on here that the claimant would throw the towel in.

My apologies for not updating.

MCOL cannot do anything or look on it as it would not accept password etc so everything done by post unfortunately.

Sent copy to their solicitor and kept one for myself, had to give phone number for mediation no idea when that is meant to happen.

A General Form of Judgement N24 form came saying we had failed to file the directions Questionnaire and had 7 days to do so as of 12th October 2023. (Failed to file the original directions questionnaire has nothing was ever received)

Emailed the questionnaire and sent a hard copy to CCBC.

The form filled in was a N180 Directions Questionnaire (small claims track)

It has been over a month and not heard anything else from the Court or Mediation

[dx100uk]

ah yea so you sent to the sols but not the court. understand now. oops!

you should of said NO to mediation anyway ...did you?

so the sols now have your phone number and email too opps twice.

 

 

[Laura Cooke]

I never sent anything to the solicitors concerning the latest things from the Court I just looked at the paper work I have.

I am not the defendant only the parent I have no qualms over Solicitors  having my home number or my hotmail email, my phone does not accept unknown callers.

 

Sadly I did tick to agreeing to mediation.

[FTMDave]

Laura,

sorry to hear about health problems, but please try to liaise with the forum from now on, the Directions Questionnaire/N180 is just a simple form and all the confusion and nearly losing the case by default could easily have been avoided.

I have no idea of how you get out of doing mediation.  Hopefully one of the others will be on soon to help.

 

 

[dx100uk]

if the mediation service ring simply refuse mediation.. end of.

dx

[Laura Cooke]

I thought the Courts expect you to look like you are trying to be reasonable hence the mediation? if we refuse the mediation what will happen then?

Yes the N180 was easy to fill in but the first one sent was never received with caused the problems as soon as we did receive one we responded and sent it by email and a hard copy too

[dx100uk]

not for private parking speculative invoices

you have nothing to mediate over, you are not paying even a reduced invoice sum.

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

......................

once you refuse mediation the claim will, if the claimant wants too, proceed to allocation at your local stated court.

you seriously should not be disappearing for such long periods and not reading up.

even before your issues you could have started that, you've been here long enough to know CAG is predominantly self help

there are 100's of pcn claimform threads here to read ...20+ each week, get familiar with how things work, whats next, what to do and not and how to respond..but NEVER do anything without checking here FIRST.

dx

 

 

[AndyOrch]

48 minutes ago, Laura Cooke said:

I thought the Courts expect you to look like you are trying to be reasonable hence the mediation? if we refuse the mediation what will happen then?

Nothing in this type of claim that's why our instructions on completing the DQ states quite clearly no to mediation. 

[Gick]

I'm sorry Andyorch, I don't think that it is clearly stated not to agree to mediation. 

For 'newbies' the first words are 'YES to nediation. Yes it does add a caviate but this can be lost in the plethora of information.' I have long thought that DX should create two templates, one being specific to Parking issues, clearly stating 'NO to mediation', thus avoiding an error which is increasingly common. I note that dx has highlighted the section in red in his above post, this was not highlighted in his previous posts

It is easy for regulars to forget how confusing it can be for those new to CAG to digest the nuances, when filling in forms that they have never before faced.

[dx100uk]

the op is not a newbie.

don't ever remember anyone else here misreading or not reading up and saying yes on a PCN Claimform.

we regularly remind people throughout threads to read up and then they already know what to do without our prompting.

if they aint here we cant.

 

[Laura Cooke]

I find it difficult to navigate the site

I find things by accident as you have seen from my posts

I do not even know how to post documents up,

I could not even set up the MCOL hence everything I send on behalf of my son is sent by post,

I admit I am as dim as they come using the internet I can only do the basics.

I have been on here a fair few years but I am no wiser for it

I wish things came to me naturally, perhaps your valuable time would be better served on many on here that are able to be educated.

I think people of a near pension age do not fair well understanding the internet.

[dx100uk]

then ASK 

members can't help you when you are not here for months for whatever reason as they are not aware you need help and you go off and act upon your own 'thoughts'. if you can do that you are capable of asking here before you make these mistakes.

now im a wee bit confused upon this email address used, i would have assumed , when you are acting or taking actions upon your son's behalf, like filing the dq n180, that you are using HIS details....so where does your email ad come into this? i hope you didn't use that on the DQ n180 to the court and the Claimant?

if you did, it exposes a very big danger here. 

there are deadline in the impending court claim whereby important documents like witness statements must be exchanged by a date set by the court.

if the opposition have an email address 'for the defendant' what they will do is file a load of old BS and fake claims/documents 1 min before a court deadline, that will remove your son's legal right to say 'hang on a minute' .......

so whats the story @Laura Cooke

 

 

.

 

[Laura Cooke]

Mediation have emailed this afternoon stating they wish to talk to my son next week 20th December between 9.30 and 12.30,  if we did acknowledge to accept the mediation my son would not be able to deal with them due to his mental health it would have to be me or his carer. The email states, please read the following statements mediation is only available if you can answer yeas to all 3.

(1) I am willing to negotiate on the amount of the claim and I will consider a compromise.

(2) I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party before starting mediation. 

(3) I`m available for the entire time slot on the date of my appointment.

If we let them know we cannot go ahead what will be the outcome of cancelling the mediation? as doubt any Court case could be won without any proof payment was made on the day. It was and help was given to an elderly lady too who did not know how to enter her registration.

[honeybee13]

Can you answer Yes to all three questions? If not, mediation is pointless.

HB

[Laura Cooke]

I simply do not know what to do hence why I am asking here, my son does not want to pay anything when a ticket was purchased however I assume then the case would go to Court and without proof of payment surely this case cannot be won and then I assume the payment will have escalated. 

My view and this might be incorrect is to do the mediation and to try and negotiate a smaller payment?

My son cannot believe this is still dragging on and wants an end to it has this is not helping his mental health

[dx100uk]

On 20/11/2023 at 23:47, dx100uk said:

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

 

[Laura Cooke]

Will do the mediation then though in my previous messages from Admin I was told I should never have agreed to mediation?