Defence Statement due tomorrow - Leave for my Wedding overseas also tomorrow!

Smith8

Good morning,

I'm finally back to normal after the whirlwind of writing my Defence at the start of my Wedding in France.  Thank you for all your help with that.  

I have received the DQ now and a copy of the DQ from Gladstones, they wish to proceed, obviously.

One quick Question if I may, one the the guidance threads on here circa 2017 says to put NO in the mediation box (the DQ form has also changed slightly since that post). Yet the guidance from the https://legalbeagles.info/library/guides_and_letters/court/directions-questionnaire/  says to tick YES to mediation.  

What is the latest recommendation please?

Many thanks

Smith8

Further to my last:  I'm sure I read somewhere you should insist on a hearing?  I'm guessing I just write 'there are factual disputes'?

D1: Do you consider that this claim is suitable for determination without a hearing, i.e. by a judge reading and considering the case papers, witness statements and other documents filed by the parties, making a decision, and giving a note of reasons for that decision?

If No, please state why not.

Relevant reasons include that there are factual disputes which will need the judge to hear from witnesses directly (in which case please specify the factual dispute and the relevant witnesses) or that the issues are so complex they need to be argued orally.

Umkomaas

Have a read of this thread by @Grizebeck which explains the new arrangement. 

https://forums.moneysavingexpert.com/discussion/6364201/new-questions-on-the-n180-form/p1

Smith8

Thanks for the steer on the N180 - 

One thing that im still confused over is some threads say YES to mediation others recommend NO, what's the latest direction?

Coupon-mad

No thread says yes to mediation!!

Umkomaas

Smith8 said:

Thanks for the steer on the N180 - 

One thing that im still confused over is some threads say YES to mediation others recommend NO, what's the latest direction?

Show me the ones that say YES.  🤷‍♂️

Smith8

Umkomaas said:

Smith8 said:

Thanks for the steer on the N180 - 

One thing that im still confused over is some threads say YES to mediation others recommend NO, what's the latest direction?

Show me the ones that say YES.  🤷‍♂️

https://legalbeagles.info/library/guides_and_letters/court/directions-questionnaire/

Umkomaas

That's not a thread on this forum. It's more generic than private parking-specific.  If you are denying the PPC is entitled to anything from you, mediation is pointless. Mediation works when, for instance, your builder, having done some work for you is invoicing a figure much higher than the estimate. You agree you owe him money, it's the amount that you disagree with. The mediator will work between the two of you to try to reach a mutually acceptable figure.

The mediator is not a Judge. They are known to put defendants under pressure to settle; they are paid to get the claim settled to avoid it going to a court hearing. PPCs won't budge, you won't budge, stalemate, leading to a court having to decide being the best outcome, so why waste an hour of your life going through this?  Only if you pay up will the mediation be deemed 'successful'. 

There is no detriment in turning down mediation.

Smith8

Umkomaas said:

That's not a thread on this forum. It's more generic than private parking-specific.  If you are denying the PPC is entitled to anything from you, mediation is pointless. Mediation works when, for instance, your builder, having done some work for you is invoicing a figure much higher than the estimate. You agree you owe him money, it's the amount that you disagree with. The mediator will work between the two of you to try to reach a mutually acceptable figure.

The mediator is not a Judge. They are known to put defendants under pressure to settle; they are paid to get the claim settled to avoid it going to a court hearing. PPCs won't budge, you won't budge, stalemate, leading to a court having to decide being the best outcome, so why waste an hour of your life going through this?  Only if you pay up will the mediation be deemed 'successful'. 

There is no detriment in turning down mediation.

Thank you Umkomass, much appreciated that makes perfect sense.

I clicked on the legal beagle link from a thread here using the search function, so just wanted to check the recommendation hadn't changed since the 2016 DQ thread on here that recommends NO to mediation.  Only because the N180 has changed recently and many hearings now being held on papers.

Thank you

Umkomaas

You definitely do not want your hearing 'on the papers', we see the vast majority of such cases lost.