DCBLegal

Gr1pr

Which is mentioned in the 12 steps, so as expected 

Gedukaz

Gr1pr said:

Which is mentioned in the 12 steps, so as expected 

Yes, it is mentioned in the 12 steps. I just wanted to update. As I noted in the post they have used my work email, not the one that I noted in the defence submission. Still waiting for the from N180 to fill in.

Coupon-mad

That'll take weeks/months.

You could tell DCB not to use your work email as it is not good for service.  Tell them which email is OK for them to use and tell them robustly to cut out the crappy template letters pretending their client wants to 'settle' and go straight to the inevitable discontinuance and move into 'lower hanging fruit' consumer victims, to save everyone time.

Those are the words I'd use. Twelve year old paralegals who think they 'work' for any roboclaim parking 'solicitor' firm need to wake up and smell the coffee.

Gedukaz

Coupon-mad said:

That'll take weeks/months.

You could tell DCB not to use your work email as it is not good for service.  Tell them which email is OK for them to use and tell them robustly to cut out the crappy template letters pretending their client wants to 'settle' and go straight to the inevitable discontinuance and move into 'lower hanging fruit' consumer victims, to save everyone time.

Those are the words I'd use. Twelve year old paralegals who think they 'work' for any roboclaim parking 'solicitor' firm need to wake up and smell the coffee.

You made my day mate

Gedukaz

Update: Long waited form N180 has arrived. Just a quick question has anybody got a Word file that I could complete?

Gr1pr

Not sure about a word file, but there is a Dropbox link to the old pdf that you could use if that is the one you received, OR if they posted the latest version with mandatory mediation, download the PDF from MCOL and use it 

You have not told us which version you received 

Gedukaz

Gr1pr said:

Not sure about a word file, but there is a Dropbox link to the old pdf that you could use if that is the one you received, OR if they posted the latest version with mandatory mediation, download the PDF from MCOL and use it 

You have not told us which version you received 

The old version was sent with the option on the A1 Mediation service. Where can I find the Dropbox link? Tried reading the forum the newbie link, but cannot locate it. 

Found the link

Gedukaz

Update: I received an email from cmreferrals justice  saying: 

"Claim number: 

Parties: CAPITAL CAR PARK CONTROL LTD V 

Your telephone mediation appointment

Appointment date: Date noted

Appointment time slot: Time noted 

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 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 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". 

I have already identified the dates when I cannot attend the court hearing because I will be out of the country. Surprisingly, the phone call is scheduled for a date when I won't be in the country, and I may not have phone signal. 

Le_Kirk

If you have already told the CNBC via DQ - N180, one would assume that you have therefore told mediation service that you will not be available for certain dates, I would follow up with an e-mail (not a phone call) explaining that you are not available, they already know that and for for the avoidance of doubt, here are the dates when you will NOT be available.

Gedukaz

Le_Kirk said:

If you have already told the CNBC via DQ - N180, one would assume that you have therefore told mediation service that you will not be available for certain dates, I would follow up with an e-mail (not a phone call) explaining that you are not available, they already know that and for for the avoidance of doubt, here are the dates when you will NOT be available.

Le Kirk, I noted on the N180 form the dates that I will not be available and that I do not agree to the Mediation.  I double-checked it, ensuring I selected NO in the A1 Section. However, I think it became a mandatory thing.