Spring Parking ltd/DCB(Legal) 6 2019 ANPR PCNs claimform - 1-3 Upper Green East, Mitcham, Surrey, Cr4 2pe ***Claim Discontinued***

[FTMDave]

On 08/11/2022 at 12:50, hitman126 said:

@FTMDavehmmmm, did they actually amend and resubmit the Particulars of Claim to the court.............or did they simply send me that hand-written amendment to give me the jitters?

You're damn right to be suspicious and dodgy activity to try to give you the jitters is definitely a possibility.

 

However I would think it is probable they really have applied to the court.

 

1.  Nearly one and a half grand is a lot of money.  It's worth them paying £108 (I think this is the fee) to get the PoCs changed. 

 

2.  The alternative, with the original PoCs, is to be humiliated in court.

 

3.  DCBL have messed this up and they owe a duty of care to Spring Parking to sort it out.

 

I think it's just a matter that the courts are understaffed and overworked and it'll take a while for their application to be looked at.

[hitman126]

All, got my N180 completed in readiness to be mailed first thing tomorrow morning. Would greatly appreciate 

your quick review and any feedback on its suitability and/or completeness. Thanks.

 

 

n180_directions_questionnaire_completed.pdf

[FTMDave]

Looks damn good to me.

 

E-mail to the court, snail mail to DCBL (with usual Certificate of Posting, no need to use Signed For).

 

Don't write your e-mail or phone number or signature on DCBL's copy.

[Nicky Boy]

Been having a think about this one...

 

Would it be worth the OP sending a letter along the lines of...

 

I wish to exercise my right of erasure under data protection law.

I refer to images you have sent me of a vehicle which I am the registered keeper.

VRM: XXX XXX

You have generated these images as evidence that the above vehicle has entered a car park.

Your images clearly show the vehicle stopped on a public road OUTSIDE the car park.

Indeed, there is no sight of the car park in one image and only about a 6 inch strip in the other.

According to the Government Surveillance Camera Code of Practice and ICO Guidance, collecting and processing images in this manner is excessive and disproportionate.

I now require removal all images of VRM XXX XXX from your system.

I will also remind you that you must inform all third parties you have passed my data on to must be informed and instructed to also delete the data.

 

Could this make all their "evidence" disappear?

 

Thoughts guys?

[FTMDave]

I've started a new thread for your claim against Spring Parking for SAR distress.  There are two separate legal actions now.

[hitman126]

@FTMDave thanks for that. The claim submission is all done now.

 

 

[hitman126]

Folks,

 

So, it's finally here.

 

I received an email (attached) on Friday afternoon notifying me of my court hearing date on December 21st. Time to get to work on preparing a solid defence for the day and with all the expert help and advice I can muster from everyone here, fingers-crossed we should achieve that.

 

In the meantime, any assistance towards providing a response to Friday's email notification would also be greatly appreciated. Part of its subject header states "...... Reply required within 4 working days of receipt".

 

The email also included two attached MS Word documents titled:

- Delegating Authority to Mediate

- What Happens at Mediation

 

Thank you.

 

   

 

2022-12-21 mediation service appointment.pdf

Edited December 4, 2022 by dx100uk
Spacing adjusted. HB

[FTMDave]

No, it's not the actual court case.  It's a mediation hearing.

 

Did you choose to mediate?  We normally advise not to.

[hitman126]

OMG!!

Thanks for flagging this up @FTMDave.

No, absolutely not. I never opted for any mediation and I've even just verified this again on the submitted N180 Directions Questionnaire, a copy of which I'd have even posted here prior to submission.

 

Question A1: Do you agree to this case being referred to the Small Claims Mediation Service

My Response: No

 

Question C1: Do you agree that the small claims track is the appropriate track for the case?

My Response: Yes

 

Question D1: Do you consider that this claim is suitable for determination without a hearing, i.e. by a judge reading and considering the case papers, witness statements............

My Response: No

 

Is it possible that DCB could request that the case go for a mediation and the court then chooses to overrule my wish for no mediation,

 

simply because they can't be bothered or find it less of a drain on their human and material resources?

 

Attached, is a copy of the n180 Directions Questionnaire that I submitted. Kindly review and highlight if anything's out of place or not as expected.

I've taken out my personal details from page 1, but still retained the key information relating to my response.

Page 2-4 though remains 'as-is'.

 

defendants N180.pdf

[FTMDave]

You filled out the N180 perfectly.  The court have messed up.

 

I see there is an e-mail address  [email protected]  Simply e-mail them and say they have made a mistake, you did not agree to mediation.  Attach a copy of your N180.

 

Or if you have an hour to waste, send them your phone number, take part, and tell the mediator you will drop your ongoing court case against Spring Parking for distress caused by non-compliance with a SAR request if they will drop theirs, that is all you're prepared to negotiate on 

 

 

[hitman126]

@FTMDavewell, as I'd be on my X'mas break by the 21st, I have no problem at all sparing an hour of my time 

to put those pests to bed once and for all.

 

Only question is, by agreeing to honour the appointment, doesn't that compromise my overall position then by

suggesting I do not wish to contest against the Claimant's demands, but would be willing to negotiate a plea

bargain over the claim amount?

[FTMDave]

No, not at all.  Failed mediation would mean nothing in the final court hearing.

[hitman126]

@FTMDaveso basically, if I've interpreted what you're saying correctly, this would in summary describe your latter proposal:

 

1. I acknowledge and agree to the mediation appointment and in so doing, I implicitly agree to the court's 3 mediation requirement statements which are that:

• I am willing to negotiate on the amount of the claim and I will consider a compromise.
• 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.
• I’m available for the entire time slot on the date of my appointment.

2. At the mediation, I point out that I never agreed to a mediation on my N180 directions questionnaire in the first place and that this mediation appointment had been arranged in error by the court.

3. As a result of the court error and therefore under the present circumstances, I'm willing to offer the compromise of dropping my SAR non-compliance claim, if they agree to do likewise with theirs.

4. If the compromise offer is rejected, that essentially becomes a failed mediation and the court then have to arrange a date for a new hearing.

5. If the compromise offer is accepted, then the entire case is closed.

 

Would that be an accurate summary please?

 

Thanks

 

[FTMDave]

Yes - a perfect summary.

 

However, I originally suggested the the mutual dropping of cases as a joke.  Don't expect them to actually accept dropping a claim for nearly one and a half grand in exchange for one for £200.

 

If you do have an hour to waste, what your appearance would do would be to upset the opposition's apple cart. 

 

You can be sure that Spring Parking will be too stupid to appear themselves. 

 

They will get DCBL to do it for them and they won't have a clue about your claim (probably at that point judgement) against Spring Parking. 

 

This will lead to all sorts of confusion and annoyance amongst these two loads of spivs. 

 

But probably not much more.

 

Still, it's free, and a way to annoy them.

[dx100uk]

6 minutes ago, FTMDave said:

They will get DCBL to do it for them

they never do

local rep time.

 

don't think we've ever seen a DCB legal person ever appear in a courtroom...or am i dreaming...

[hitman126]

@FTMDaveand @dx100ukthanks very much for your prompt feedback. I'm all for upsetting their apple cart and causing them as much grief and frustration to give them a taste of their own medicine and this erroneous N180 mediation appointment certainly provides me with the perfect opportunity which I'm eager to grab.

 

My only slight concern is that by agreeing to attend this appointment, would that not also suggest I've personally taken the decision to overlook the court clerical error and get the matter resolved through mediation?

 

Also, what would be my proof to confirm my original N180 questionnaire selection of not requiring mediation? Would the mediator have access to all those court documents on the day, would I have to obtain a copy from the court prior to the appointment, or would my personal copy suffice?

 

Finally, can the mediator and/or claimant argue that I had the opportunity and free will to notify the court of their N180 processing error to get the hearing cancelled/rescheduled, but failed to do so. As such, by agreeing to attend the hearing, I've made a conscious decision to have the matter resolved through mediation and no other alternative form of resolution. Could they throw in this as a plausible line of argument?

 

Just want to ensure there are no loose ends dangling before I submit my appointment response, but all of the above queries/concern really stem from the below bullet list on the court's mediation letter and the implication thereof.

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

 

[FTMDave]

Don't worry, mediation fails all the time.

 

An offer to drop your case (actually probably a judgement by the end of December) in exchange for them dropping their case is an eminently fair offer.

 

The clerical error is up to the judge to decide on, it's out of your hands and nothing to do with you.

 

BTW, have you ever heard anything from the court about a decision on their Particulars of Claim?

[hitman126]

12 minutes ago, FTMDave said:

BTW, have you ever heard anything from the court about a decision on their Particulars of Claim?

 

Nope, absolutely nothing.

 

The MCOL portal has also been dead quiet and had no update for weeks. This is despite the fact DCB Legal

emailed me those dodgy-looking N244 forms with the supposedly amended Particulars of Claim which had

those duplicate 16/02/2019 dates crossed out and replaced by some barely legible handwritten dates in red

pen.

If this was a truly amended claim form, surely the court should have sent me a copy of it right...................or is

it perfectly normal for a claimant to be the one who distributes critical court documents to a defendant, with

no input from the court itself?

 

Is it worth me calling up the court to establish the truth regarding that amended claim form, in other words if

any such amendment was submitted at all by DCB Legal?

[dx100uk]

cant hurt.

 

dx

[FTMDave]

Completely agree with you both.

[brassnecked]

Would look bad for them if the amended claim form was a scare tactic and not submitted.

[hitman126]

Morning All.

 

So, just to keep everyone in the loop and to clarify the next steps (unless anyone thinks otherwise) I will by

4pm today submit my response to the court, accepting to attend their mediation appointment on Dec 21st.

 

 

[dx100uk]

It is not anything to do with the court nor have you got to attend anywhere,

 

it would be a telephone call with the mediation service.... but as you will be saying no? as you have nothing to mediate over? It won't happen.??

 

thoughts people....

 

Dx

[FTMDave]

I think as the OP has a day off on that day they just want to have a laugh at the fleecers' expense and waste their time and money - by offering to drop the SAR case (or more likely consent to set aside) if the fleecers drop their case too.

[hitman126]

Hello folks, wishing you a Merry Christmas and hope you all have a wonderful festive celebration.

 

Just wanted to drop this brief reminder note that tomorrow’s my botched mediation appointment which I’ll be attending as previously discussed. I gather the appointment will be a 2-way phone conversation with the mediator.

 

Also, as per the previous conversation on this thread, I’ll be putting forward two main points.

 

1. That I don’t wish to proceed with the mediation as I never agreed to one in the first place, and that the appointment had been arranged erroneously.

 

2. I’d only be willing to proceed with tomorrow’s mediation on the grounds that if Spring Parking abandoned the claim entirely, I would reciprocate that gesture by also dropping my SAR negligence claim which by the way has now been formally served on Spring Parking by the court.

 

Any final thoughts on the above?