UK Parking control - ZZPS - No PCN letter

queenb123

Thank you guys - i really cant thnak you enough - I can fill in the rest ofthe questionaire - but these parts confuse me: This is part A:

This is part B:

Do i leave both Part A & B blank - so sorry i get confused easily!

Coupon-mad

You can't leave that blank; that version is saying that if you fail to Mediate you could be penalised.

queenb123

Hello I dont want to leave anything blank - point "A" is confusing the most - i am the defendant is this correct:

My questions:

Name of court - what court do i add here?

To be completed on behalf of : do i add my name?

Coupon-mad

I still don't understand the questions.

queenb123

Nevermind i will google it and see what others are filling in!

Coupon-mad

What I meant was, isn't this already answered in the section of the NEWBIES thread about how to fill in a N180 DQ?  I don't understand why there are questions about a form that the NEWBIES thread already covers.

queenb123

Hello all, the saga continues - i was emailed this today:

Subject: APPOINTMENT DATE 29/07/2024 Reply required within 4 working days of receipt: Mediation Appointment Confirmation - Claim Number: -------

Claim number:

Parties: UK PARKING CONTROL LIMITED V

Your telephone mediation appointment

Appointment date: 29/07/2024

Appointment time slot: 13:30 to 16:30

Your confidential telephone mediation appointment has been booked for the above date and time slot. This means that the mediator will call you between the times shown. Your appointment will last for around one hour from the point at which the mediator calls.

The mediator will call both parties separately – you will not talk directly to the other side. They will try to help you both come to an agreement before the case goes to court.

Where your mediation appointment is mandatory, If you do not attend the appointment, the judge will take this into consideration at any court hearing and may issue a penalty. This could include the judge automatically ruling in the other party’s favour or ordering you to pay for some or all the other party’s costs.

Non-mandated cases:

If your claim was issued prior to the 22nd May 2024 or has been issued via the Online Civil Money Claim portal, it is not impacted by the policy change which mandates mediation attendance. Please follow the guidance below. 

Mediation is only available if you can answer yes to all 3 (this does not relate to mandated cases):
1.  I am willing to negotiate on the amount of the claim and I will consider a compromise.
2.  I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party before starting mediation.
3.  I'm available for the entire time slot on the date of my appointment.

If you agree to the terms of mediation, you must now confirm your attendance and provide the contact details of the person conducting the appointment.

Alternatively, if you don't agree to the terms, please contact us so we can cancel your appointment.

If you have any questions, please contact the Small Claims Mediation Service via email scmreferrals@justice.gov.uk or telephone: 0300 123 4593. 

Preparing for your appointment

You must make sure you have provided us with your up-to-date telephone number. If you need to update your telephone number, you should contact us using the details at the end of this letter no less than 5 working days before your mediation appointment.

The mediator will call from a withheld number. Make sure that withheld numbers are not blocked on your phone.

Be ready to receive a call from the mediator from the beginning of your time slot. The mediator will call the telephone number you provided in your application.

If the mediator cannot contact you within 10 minutes of the appointment start, the appointment will be cancelled and you may, where mediation is mandatory, face a penalty for non-attendance.

 

Rebooking your appointment

If you need to rebook your appointment, you must have a good reason. The administration team will only consider rebooking in exceptional circumstances, such as an accident or a family bereavement. You must let us know as soon as possible.

 

Nominating a different representative

If you want someone else to represent you at mediation (like a trusted friend, relative or a solicitor) you must contact the mediation team

If you want to choose someone to attend your mediation appointment on your behalf who is not a part of the claim or is not a legal representative, you will also need to complete a delegated authority form. You can find out more about this on GOV.UK.

Your representative must know the facts of the case, understand how far you’re willing to compromise and have full authority to act on your behalf. You’re legally bound to any settlement agreements your representative makes on your behalf.

 

What happens in your mediation appointment?

Introduction from the mediator

The mediator will introduce themselves and check that you have read and understood the mediation process.

Explaining your position

You will need to briefly explain your claim or defence to the mediator. You should prepare for yourself a brief summary of the main points.

Negotiating options 

You’re attending mediation with a view to settling your case. This means negotiating to overcome disputed issues. The mediator is neutral and helps each party to explore options and discuss risks. Mediation works when you’re willing to listen to what the other party has to say, negotiate and agree a settlement.

Building agreement

Settlement can be in many different forms, for example, payment, goods or work. Both parties must agree on the outcome and feel they have reached an acceptable resolution.

Reaching a settlement

The mediator will read the terms of the settlement and confirm agreement with each party. Once agreed, the settlement is legally binding and cannot be changed. A copy of the mediation settlement is sent to both parties and placed on the court file.

 

Confidentiality

All mediation appointments are confidential. An agreed settlement includes a standard confidentiality clause.

 

Ending the mediation process

The mediator can end the mediation if, at any time:

• either party breaches the terms on which they agreed to mediation
• there is no prospect that the mediation will end in settlement
• the mediator deems it inappropriate to continue in the case that one or both parties are vulnerable users
• either party asks to end mediation

 

Find out more in the guide to the Small Claims Mediation Service on GOV.UK.

 

Small Claims Mediation Service contact details

If you have any complaints or issues to raise about the Mediation Service, contact us by email or telephone:

Email:  scmreferrals@justice.gov.uk

Telephone: 0300 123 4593

Monday to Friday, 9am to 5pm

We record our calls for monitoring and training as it helps improve the service we deliver. If you want to know more about how we handle your personal data, visit https://www.gov.uk/government/collections/your-data-and-how-we-use-it

If you want to make a complaint by email, clearly title your message as ‘complaint’ in the subject field. 

*************************************************************************************************************************************

I have been sent a form to fill in called: Delegation of authority to mediate

What do i do next pls? By the way i did NOT agree to any mediation!

 

LDast

I don't know what is so difficult to figure out. Was the issue date of the claim against you filed before 22nd May?

If yes, then mediation is not mandatory. If you can answer "yes" to all 3 questions, then you can use the mediation service, However, that is doubtful as 1. you should not be willing to negotiate the amount and should only consider them paying you for the waste of your time. 2. The PoC were so sparse that you cannot possibly have enough information to begin mediation.

So, if the claim was issued before 22nd May 2024, you should not accept mediation. 

If your claim was issued on or after 22nd May 2024, then mediation is mandatory. You will need to follow the instructions provided. However, you were sent an old N180DQ which allowed you the option of choosing whether to accept mediation. Did you select the option for mediation?

KeithP

LDast said:

Was the issue date of the claim against you filed before 22nd May?

It was.

Earlier in this thread we can see...

KeithP said:

What is the Issue Date on your Claim Form?

queenb123 said:

21 Mar 2024

LDast

The claim form shown has an issue date of 24th May 2024.

The CNBC sent the defendant an old version of the N180 DQ where they had the option of selecting whether to accept mediation or not. The CNBC cannot give the defendant the option of selecting no to mediation and then force them to accept it no matter what.

Edit: Never mind... it was the N180 that was issued on 24th May so yes, the claim was definitely issued before 22nd May. 

The OP has a phone number and email address where they can cancel the appointment.