Help needed with Civil Enforcement Ltd CCJ claim

[b789]

@Arbitration, mediation is now effectively mandatory for small claims, so do not refuse it or treat it as optional. Complete the Directions Questionnaire on that basis.

That said, in this type of parking claim it is always a complete waste of time. It is not a hearing, there is no judge involved, and the mediator does not decide anything. It is not part of the judicial process.

The mediator is simply a telephone intermediary who shuttles between both sides to see whether there is any settlement figure both parties will accept. They are not there to assess the legal merits of CEL’s claim, decide whether the PoC are defective, or rule on PoFA keeper liability. They are not legally trained.

So the practical approach is simple. Attend the mediation call, but make clear that the claim is denied in full, that the driver has not been identified, that CEL cannot rely on PoFA keeper liability on the known facts, and that the Particulars of Claim are defective. The settlement offer is £0.

If CEL will not discontinue, mediation will end within minutes and the case continues towards allocation/hearing. Nothing is lost by attending, but do not be pressured into paying anything merely because a mediator is on the phone.

Regarding the N180 DQ, 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...0_1124.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: "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 & 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 Claimants template submissions or speak as the only true witness to events in question"
  
• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service....rch-option
  
• F3: "1".
  
• Sign the form by simply typing your full name for the signature.
  

When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and the claimant or their legal representative, if they're using one, and CC in yourself. Make sure that the claim number is in the subject field of the email.