Court Claim form received from CEL, please help

CastorTroy

The entrance/exit to the car park are the same so I would imagine they use the same camera for both. 

I checked the payment paragraph but the only thing I can see that is perhaps missing is : 
Specify the outstanding amount of the parking charge and of the maximum additional costs they may seek to recover, and of the dispute resolution arrangements
It PCN only mentions the £60/100, not the additional £70 added by ZZPS increased to £82 on the letter before action.

CastorTroy

The court has confirmed the defence has been received. 
The SAR from CE has arrived but only contains copies of the documents sent, PCN, Reminder, Debt collection letter etc.
Have large copy of photos and confirmation that the stay was 60 seconds over the free parking limit but don't identify the driver.
Non of the other info requested in the SAR was received (evidence of machine payments etc).

CastorTroy

The t

From the newbie thread I expected the questionnaire to be the next form to arrive. We've not received any of the docs listed in (a)-(c)
(a) Directions Questionnaire (N180) stage - an easy form.
(b) Witness Statement & evidence and costs assessment stage.
(c) A hearing at your local court (or in 2020, a Telephone Hearing if your local Court Judge is working from home).

Its been about 10 weeks and we've now received a mediation request from the court. 
From other posts it seems the advice is to decline mediation but I just wanted to check this was correct as it felt like it might be considered going against the courts preferred process to avoid unnecessary court time. 

The defence is @Coupon-mad abuse of process defence and making a point of the fine being  only for 90 seconds over the limit. 
Should we ignore mediation at this stage ?
Is it likely under the current climate that this will all have to be resolved over the phone anyway, no day in court?

Le_Kirk

CastorTroy said:

From the newbie thread I expected the questionnaire to be the next form to arrive. We've not received any of the docs listed in (a)-(c)
(a) Directions Questionnaire (N180) stage - an easy form.
(b) Witness Statement & evidence and costs assessment stage.
(c) A hearing at your local court (or in 2020, a Telephone Hearing if your local Court Judge is working from home).
Its been about 10 weeks and we've now received a mediation request from the court. 
From other posts it seems the advice is to decline mediation but I just wanted to check this was correct as it felt like it might be considered going against the courts preferred process to avoid unnecessary court time. 
The defence is @Coupon-mad abuse of process defence and making a point of the fine being  only for 90 seconds over the limit. 
Should we ignore mediation at this stage ?
Is it likely under the current climate that this will all have to be resolved over the phone anyway, no day in court?

Check back for a post on your thread (this one) by KeithP who explains all about the DQ, especially if one is received from the claimant and how to get one of your own.  Complete your own DQ and refuse mediation.  You will not get witness statement and evidence from claimant or need to complete your own until the DQ has been completed, submitted, accepted and a court allocated.  At that point a hearing date and deadlines for WS etc. will be issued.  All of this, of course, is in the post by KeithP and in the NEWBIE sticky.

Umkomaas

From other posts it seems the advice is to decline mediation but I just wanted to check this was correct as it felt like it might be considered going against the courts preferred process to avoid unnecessary court time. 

Not sure why you needed to check here when the N180 clearly tells you. 

Mediation is usually carried out by telephone in one hour time limited appointments convenient to the parties and is quicker than waiting for a court hearing before a judge. There is no obligation to use the Small Claims Mediation Service nor are you required to settle if you do. If you are unable to reach agreement with the other party at mediation, the claim will proceed to a small claims hearing.

CastorTroy

@Umkomaas I understand its not an obligation as it says on the form. I just wanted to check by refusing it can't be viewed as a negative in court. The fact you were offered a route without court and didn't take it. 
I don't want to negotiate a compromise and pay a lower fine etc. I'd like it thrown out. 
I guess I wondered if you tried mediation, rejected their offer, at least in court there is evidence to say you tried. That is to say CEL had the opportunity to drop it completely at mediation but didn't.  

Coupon-mad

I understand its not an obligation as it says on the form. I just wanted to check by refusing it can't be viewed as a negative in court. The fact you were offered a route without court and didn't take it.   I guess I wondered if you tried mediation, rejected their offer, at least in court there is evidence to say you tried. 

Nope, it is now viewed adversely so DON'T try Mediation.  That's only when there is a sum to negotiate.

The fact that Mediation is by phone, and hearings are now often done by phone, doesn't make them similar. 

The former is to try to get the case settled; i.e bullying you to pay something (we've even had Mediators misleading people that they have no case!   The latter is your only true hearing.