DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 36378--------------------------------------------------
Re: I've followed the wrong advice anyway out ?
DIR By: Jag84
Date: September 10, 2024, 1:15 pm
---------------------------------------------------------
I've received the N180 form now from the courts but I have
already filled out the PDF from the link sent. Is electronically
signing the PDF OK or does it need to be by hand and then scan
the document ?
Issue I am facing is when I try to electronically sign it am not
able to inside the sign box on the form it blanks out the
signature only outside of the box it appears
#Post#: 36404--------------------------------------------------
Re: I've followed the wrong advice anyway out ?
DIR By: b789
Date: September 10, 2024, 7:23 pm
---------------------------------------------------------
You can try and save the PDF locally on your computer and the
just use some pdf editing software to add your signature over
the box.
If you’re an Apple user I can advise.
Simply typing your name is acceptable as a signature.
#Post#: 36457--------------------------------------------------
Re: I've followed the wrong advice anyway out ?
DIR By: joseph1994859
Date: September 11, 2024, 10:22 am
---------------------------------------------------------
As a side note, to the advice I've seen on this thread (and
others) providing a pro forma defence which has a pleading that
CPR PD 16 (7.3) hasn't been complied with; it should be noted
that claims filed via MCOL are exempt from this requirement.
See CPR PD 7C (5.2A):
5.2A The requirement in paragraph 7.3 of Practice Direction 16
for documents to be attached to the particulars of contract
claims does not apply to claims started using an online claim
form, unless the particulars of claim are served separately in
accordance with paragraph 5.2 of this practice direction.
#Post#: 36461--------------------------------------------------
Re: I've followed the wrong advice anyway out ?
DIR By: b789
Date: September 11, 2024, 10:43 am
---------------------------------------------------------
That is because the claimant cannot attach copies of the
contract when making a claim using MCOL. However, if CPR PD 16
requires a copy of the contract to be specified in the PoC, then
additional detailed PoC must be filed separately within 14 days
of the claim being made.
Then again, CPR PD 16 (7.3) is incorrect for use in the template
"long" defence as it should be 7.5 that applies:
--- Quote ---
> 7.5 Where a claim is based upon an agreement by conduct, the
particulars of claim must specify the conduct relied on and
state by whom, when and where the acts constituting the conduct
were done.
--- End Quote ---
#Post#: 36520--------------------------------------------------
Re: I've followed the wrong advice anyway out ?
DIR By: joseph1994859
Date: September 11, 2024, 2:17 pm
---------------------------------------------------------
A pragmatic interpretation that I hadn’t considered.
The CPR leaves a lot to be desired in many aspects including
many outside parking litigation.
#Post#: 38883--------------------------------------------------
Re: I've followed the wrong advice anyway out ?
DIR By: Jag84
Date: September 30, 2024, 3:57 am
---------------------------------------------------------
We have to do mediation this tomorrow however my wife is too
nervous to do it and I'm not allowed to receive phone calls from
work so my daughter will take the call
Any does or don'ts we shud b aware off ?
I told my daughter if they ask are you willing to settle at any
price offer them £30 but also mention it is simply to end the
issue we don't accept blame.
Are they likely to ask why we not paying ? Any particular
reasons we shud give ?
Thanks for any assistance
#Post#: 38884--------------------------------------------------
Re: I've followed the wrong advice anyway out ?
DIR By: DWMB2
Date: September 30, 2024, 4:09 am
---------------------------------------------------------
Others will correct me if I'm wrong (mediation was still
optional last time I personally went through the process) but I
believe the defendant has to attend the mediation call.
If you offer £30 there's every chance it'll be accepted, as it's
£30 more than they normally get if a defendant stands their
ground and defends the charge. If it was me in your position,
I'd carry on until the end having gone to all this effort
already, but it is your choice.
#Post#: 38887--------------------------------------------------
Re: I've followed the wrong advice anyway out ?
DIR By: b789
Date: September 30, 2024, 4:20 am
---------------------------------------------------------
Tell your wife to stop being so silly. Mediation is nothing to
do with the overall legal process. There is no judge or lawyers
involved. The mediator is simply someone who has had a days
training on how to "mediate" by phone between the parties. They
have no legal authority to order anything.
DO NOT tell anyone to offer ANYTHING. What an absurd idea. Offer
£0 and the whole thing will be over in less than 5 minutes.
The only "legal" requirement is to "attend" the call. There is
no legal obligation to agree to anything. By having "attended"
the call, nothing else is required.
I really fail to understand peoples misplaced fears about this
part of the process. The mediation is NOT a trial. It is simply
an unnecessary waste of everyone's time because it serves no
purpose in cases like these.
So, if your wife is the defendant in the case, she must be the
person "attending" the call. If she is so petrified about it and
you think your daughter can handle it as her mother, then make
sure that she simply offers £0.
Realistically, nothing will happen even if your wife doesn't
"attend" the call. Just last week, ParkingEye failed to "attend"
a call and the whole procedure simply moved on to the next stage
with no repercussions.
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> Others will correct me if I'm wrong (mediation was still
optional last time I personally went through the process) but I
believe the defendant has to attend the mediation call.
>
--- End Quote ---
Any claim issued since 22nd May 2024 includes a mandatory
mediation call. The only thing "mandatory" about it is the
requirement to "attend" the call. There is no requirement to
participate in the mediation process. Not participating in the
mediation process carries no ramifications. The call was
"attended" and that's it.
#Post#: 38888--------------------------------------------------
Re: I've followed the wrong advice anyway out ?
DIR By: DWMB2
Date: September 30, 2024, 4:31 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Tell your wife to stop being so silly.
>
--- End Quote ---
Let's play nicely folks. We know the process is nothing to fear,
but for those doing this for the first time it's easy to see how
the prospect of a telephone meeting between a mediator and a
legal rep might seem daunting.
OP - reassure your wife as per the rest of b789's message that
the mediation call is neither anything scary, or anything
that'll have any impact on the progression of the case. She
turns up, states when asked that she does not believe she owes
the claimant anything, and is accordingly unwilling to offer
them anything. Don't move from that position - job done.
--- Quote from: b789 link ---
>
> The only thing "mandatory" about it is the requirement to
"attend" the call.
--- End Quote ---
Thanks for the clarification - I perhaps wasn't as clear as I
ought to have been, I realise one is not required to make any
concessions, merely that the process now requires that a call
takes place where it was previously optional.
#Post#: 50219--------------------------------------------------
Re: I've followed the wrong advice anyway out ?
DIR By: Jag84
Date: December 17, 2024, 8:55 am
---------------------------------------------------------
Ok just an update and slight disappointment
My daughter took the call as I was at work and I told her not to
offer anything. The mediator piled the pressure on her and
warned her its going to cost you alot and if you go to court
and lose its going to be very expensive. He also said they have
all the evidence to convict. At this point she got a bit
frightened and offered £30. In the middle of the call she rang
me and I was a bit disappointed she offered them money. He then
came back and said they will to go down to something like £500.
At this point having offered money I told her do not offer
anymore. They then dropped to £400 then £300 and it continued to
drop until eventually they agreed to £30.
Bit disappointed but just a warning to everyone else the
mediator was anything but impartial and was very much using
scare tactics. I think had we offered initially £10 they would
have eventually accepted it
Thanks to everyone for your help and apologies that we didnt
hold firm and tripped up just before the finishing line. Just be
aware the mediator from our experience was very much on the
other side
*****************************************************
Page 4 of 5
DIR Previous Page
DIR Next Page