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Uxbridge Industrial Estate
#11
@Stuart, mediation is not part of the judicial process. There is no judge involved, no solicitor deciding anything, and the mediator is not there to assess the merits of your defence.
The mediator will usually speak to the Claimant first, then speak to you and tell you, in broad terms, what the Claimant has said. They may then ask you to summarise your defence.
You do not need to do that. The Claimant already has your filed Defence. The court has your filed Defence. A telephone mediator does not need a legal argument from you and is not there to adjudicate on it.

The safest and simplest approach is this:

"To save everyone's time, my offer is £0. Please advise the other side. That concludes the mediation from my side."

If the mediator tries to continue the discussion, simply repeat:

"I deny the claim. My Defence has already been filed and served. I do not accept that any sum is owed. My offer is £0."

That should end the mediation.

Mediation can be useful where both sides accept that something is owed and the only dispute is the amount. Private parking claims are usually binary: either the charge is enforceable, or it is not. In that sort of case, mediation is usually a pointless box-ticking exercise and defendants should not be pressured into paying something merely to make the claim go away.

The main thing to note is that their completed DQ is itself revealing. They have ticked "Yes" to mediation and also "Yes" to determination without a hearing. In other words, they are trying to keep this on the cheapest and easiest conveyor belt possible. They want a telephone settlement if they can get one, and if not, they would plainly be quite happy for the case to be decided on paper without having to attend and explain their dreadful pleadings or their client's evidence. That is exactly why you should oppose any determination without a hearing and insist on an oral hearing at the local court.

You can check your MCOL history to see when your own N180 has been issued or just wait to receive it in the post. Having received your own N180, make sure it is not simply a copy of the claimant's N180. Once you have your own N180, or MCOL shows that yours has been sent, do not use the paper form. Ignore all the other forms that came with it. You can discard those. Do not scan it. Download your own N180 DQ here and fill it in on your computer. You sign it by simply typing your full name in the signature box.

https://assets.publishing.service.gov.uk...80-eng.pdf

Here are the answers to some of the less obvious questions:
  • The name of the court is "Civil National Business Centre".
  • To be completed by "your full name" and you are the "Defendant".
  • C1: "Yes".
  • D1: "No".
  • Reason:

Quote:"I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.

Given the Claimant is a firm who complete cut and paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimant's template submissions or speak as the only true witness to the events in question.
"

When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and Gladstones' email address, and CC yourself in. Make sure the claim number is in the subject line of the email.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
#12
Hi B789,

I’ve now received my N180 in the post. 

Do I need to fill out section E about mediation details or do I just leave it all blank ?

Also the link you provided to download the form isn’t working.

Thanks
#13
This is definitely the link to the N180 form:

https://assets.publishing.service.gov.uk...0_1124.pdf

For mediation, the only requirement is to attend the call. The mediator is not legally trained and it is not part of the judicial process. So, yes, you need to complete the section on mediation and any dates you will not be available to take the call.

When you receive the call, you do not need to discuss the claim or your defence. Simply state that you deny any liability and you are prepared to offer £0. It will be over in minutes. It’s a complete waste of time.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain


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