F1RST Parking PCN – Bewl Water – Paid via Ringo but still charged £100

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For the mediation call, keep it very simple.

This is not a hearing. It is not part of the judicial decision-making process. There is no judge involved. The mediator is not deciding anything and has no power to decide whether the claim is valid or whether the defence is good or bad.

Your only purpose in attending is to satisfy the mediation requirement and make your position clear.

When the mediator asks for your position, say:

“My position is simple. Liability is denied in full. I do not accept that any debt is owed. My offer is £0. If the claimant wishes to discontinue, that would resolve the matter. Otherwise, the claim will have to proceed in the normal way.”

Do not offer anything. Do not negotiate upwards from £0. Do not be drawn into discussing the details of the defence. Do not identify the driver. Do not accept that anything is owed.

If the mediator asks about the merits of the defence, or starts suggesting that you may lose, or that the claimant has a good case, say:

“I am not prepared to discuss the legal merits of the case in mediation. That is for the court, not for the mediator. My position is that liability is denied and the claimant is put to strict proof.”

If the mediator continues or appears to offer any opinion on the strength of the case, say:

“Please record that I have attended mediation and made my position clear. I do not consider it appropriate for the mediator to offer any view on the legal merits of the claim or defence. If that continues, I will make a formal complaint to the mediation service.”

That should be the end of it.

The call is usually a waste of time in these parking claims because the claimant wants money and the defendant denies any liability. Your offer is £0. If the claimant does not accept that, the case simply continues.