DCBLegal LoC UkPCL

Gr1pr

Login to MCOL and copy and paste your claim history below 

Check it twice a week because its their N180 that you will be waiting for, the DQ, so study those 12 steps again 

LDast

32one said:

Hi everyone, I'm going on vacation soon, from July 5th to the 28th. To avoid missing any important court documents, could you please advise me on the best course of action? Thank you in advance 

Don't go away? Have someone open your mail?

32one

Gr1pr said:

Login to MCOL and copy and paste your claim history below 

Check it twice a week because its their N180 that you will be waiting for, the DQ, so study those 12 steps again 

Thanks Gr1pr, please see below 

Your acknowledgment of service was submitted on 13/05/2024 at 07:40:45

Your acknowledgment of service was received on 13/05/2024 at 12:05:07

Your defence was received on 30/05/2024

@LDast - I don't have anyone to collect my mail while I'm away.

Gr1pr

Then keep checking the claim history every few days, even whilst away 

Once it says that the CNBC have posted the N180 DQ to your address by post, email your completed DQ to both parties by downloading it and filling it in, in so doing you are following the 12 steps in the defence template thread. After emailing it check the claim history again until it says that your DQ has been logged 

If the claim history hasn't shown this by the time you get back, keep checking it until it does 

You will gather from this that the claim history is an important source of information , what you don't want is this below 

https://forums.moneysavingexpert.com/discussion/6522886/n1std-claim-dcbl-on-behalf-of-observices-parking/p1

32one

Hi everyone, I just received an email from DCBLegal with an attachment (N180), please see below 

Good morning

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

KeithP

32one said:

Hi everyone, I just received an email from DCBLegal with an attachment (N180), please see below 

Good morning

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

You were expecting that weren't you?

Item 7 on that checklist you were following when you filed a Defence says...

Items 8, 9 and 10 on that list might be worth another read too.

32one

Hi All,

I have just received an email regarding a telephone mediation appointment which I clearly stated on my DQ that I did not want, from the Small Claims Mediation Service. Please see below, any advise would be much appreciated. 

Claim number: XXX

Parties: UK PARKING CONTROL LIMITED v XXXX

Your telephone mediation appointment

Appointment date: September

Appointment time slot: XXX

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.

Preparing for your appointment

You must make sure you have provided us with, or confirmed, the name and number of the person who will be conducting the mediation appointment. If you have not done this, or 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. Failure to do so may result in your mediation appointment not taking place and may result in a Judge issuing a penalty where the mediation was mandatory.

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 about Small Claims Mediation by watching our video HERE. 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. 

 

Gr1pr

Clearly you have not been reading other recent cases on here, because in late May the system changed to compulsory mediation, mandatory for both sides, but the start date was around the 23rd of May and your claim form was earlier 

I believe that your case is not bound by the new changes, so you can probably cancel it, stating that you want it to go to a hearing , but check the paperwork closely 

Alternatively, you do the phone call, offer £0.00p to the mediator, the opposition will want a lot more, you refuse their offer and tell the mediator to end the call because no agreement will be agreed. You then end the process, but will have taken part so no black mark against you going forward.  The case will then proceed in the normal manner 

So you have 2 choices, either cancel the appointment or go ahead with it BUT offer nothing, nada, zero 

The fact that you are not reading other ongoing cases worries me 

32one

Gr1pr said:

Clearly you have not been reading other recent cases on here, because in late May the system changed to compulsory mediation, mandatory for both sides, but the start date was around the 23rd of May and your claim form was earlier 

I believe that your case is not bound by the new changes, so you can probably cancel it, stating that you want it to go to a hearing , but check the paperwork closely 

Alternatively, you do the phone call, offer £0.00p to the mediator, the opposition will want a lot more, you refuse their offer and tell the mediator to end the call because no agreement will be agreed. You then end the process, but will have taken part so no black mark against you going forward.  The case will then proceed in the normal manner 

So you have 2 choices, either cancel the appointment or go ahead with it BUT offer nothing, nada, zero 

The fact that you are not reading other ongoing cases worries me 

Thanks for your advice Gr1pr. Yes, I did a little reading beforehand and was confused because I said no to mediation services but still received an appointment. Thanks 

Gr1pr

Does your latest letter mention that you are not bound by mandatory mediation due to the fact that the claim was issued prior to late May. ? Does it not give you the option to cancel ( as is your right under the new rules. ?  )

Had your claim been issued say on June 1st then you wouldn't have a choice, its mandatory now !

Are you bothered about having a 5 minute phone call, refusing to negotiate a compromise and ONLY offering £0.00p. ?

The advice is clear in the following thread 

https://forums.moneysavingexpert.com/discussion/comment/80923989#Comment_80923989?utm_source=community-search&utm_medium=organic-search&utm_term=mediator+