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Mediation with Uncivil reEnforcement, Should I proceed with mediation?
Peter Rabbit
post Mon, 30 Nov 2020 - 11:35
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Hi All . Great forum, wish I'd found you earlier.
I have an appointment due soon for telephone mediation by HMC&T service with CEL. This relates to a claim for parking charge in a private car park.
The first I heard of it was a final reminder letter asking for over £180 giving no details other than a PCN. Unfortunately I took this to be a scam as I had no tickets or previous correspondence , and was only given option to pay not to question , so ignored it.
Months later I received a county court claim form asking for over £270 . This form included particulars of under 20 mins spent in a car park by a vehicle registered to myself. The car park name does not come up in a google search. The alleged offence occurred over a year & half ago .
My defence letter to the court stated the above and concluded that I was not willing to pay a fine without proof of an offence.
I have agreed to mediation based on what I knew before finding this forum .
If an offence did occur (I've seen no evidence) then I'd possibly be willing to pay the initial fine but these extra charges ,for ignoring letters I did not receive , seem excessive and galling.
From other posts here I feel maybe it's worth proceeding with the mediation & sticking to an amount close to an average parking ticket.
Any advice on dealing with the mediation would be gratefully received .
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post Mon, 30 Nov 2020 - 11:35
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Albert Ross
post Mon, 30 Nov 2020 - 11:56
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I'll have a quick start, probably miss lots that others can add.

If you never received the initial letters then you cannot be liable as owner, unless in court documents (defence) you admit to being the only driver of the vehicle in question.

If the driver breached a contract that allows for additional charges to be added to the core amount, then you are a stranger to that contract and C E are trying for double recovery in that the keeper is only liable for the charge that is due 24 hours after the parking event.

Have you read POFA schedule 4? If you can garner a quick understanding of keeper liability, it can help you.


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Jlc
post Mon, 30 Nov 2020 - 12:17
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QUOTE (Peter Rabbit @ Mon, 30 Nov 2020 - 11:35) *
My defence letter to the court stated the above and concluded that I was not willing to pay a fine without proof of an offence.

Firstly it's not an 'offence' - it's a contractually agreed charge (for an alleged breach of contract).

However, turning your statement around says you are willing to pay if they provide 'proof'...

But as already noted, they won't have complied with the Protection of Freedoms Act to hold the keeper (not owner) liable - presumed to be the registered keeper.

On top of that they've escalated the charge beyond anything that could be conceived as reasonable. (And breaching the BPA's Code of Practice - they've exceeded the maximum amount of 'debt recovery charge' without authorisation)

Anecdotally, mediation tends to work best for claimants rather than defendants. But nevertheless stick to your guns that you are not liable, the amount is unconscionable and that they've breached the Code of Practice.

They'll discontinue the claim later in the process when they work out they can't bully the charge out of you.

This post has been edited by Jlc: Mon, 30 Nov 2020 - 12:19


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Peter Rabbit
post Mon, 30 Nov 2020 - 22:28
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Many thanks , that’s very helpful. I’ll let you know how I got on .
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The Rookie
post Tue, 1 Dec 2020 - 09:43
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It is crucial (and I mean CRUCIAL) to not give away driver ID, no I, we, they, he or even the dog always 'the driver did this' - 'the driver did that'. A bit like the 'yes no game'!

Practice before hand if you can!


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S172's
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Council PCN's
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Rookies 1-0 Birmingham

PPC PCN's
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Peter Rabbit
post Tue, 1 Dec 2020 - 11:05
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Update...... mediation went ok . I reiterated my defence and mentioned that they seemed to be breaching the governing body’s code of practice with the exorbitant charges . They came back with an offer to close for £100 ( original claim was for £275 ) and said that initial ticket and letters went to the address DVLA have which has not been updated. I came back with a counter offer of £75 which was accepted.
I really appreciate the help received here , it would have cost me much more without you . Think I saw a donation button somewhere.
Keep up the good work, I’ve no time for bullies ! ( but not the time to have fought this harder right now ).
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Jlc
post Tue, 1 Dec 2020 - 11:20
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Ok, that's how mediation should work.

Always ensure your V5 is current (or use redirection service during changeovers).

It's £75 more than you needed to pay but makes it go away.

Donation page is here.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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