PCN Court Claim DCBL

Humanoid85

https://forums.moneysavingexpert.com/discussion/comment/81874312#Comment_81874312

Here's a draft:

It appears that during this mediation, the counsel for the claimant misled the Mediator into believing that the defendant, as keeper of the vehicle, had 14 days from issue/receipt of the parking charge notice to transfer liability to the driver by providing drivers details to the claimant, and once that 14 days expired, the liability could not be passed on to the driver.  There is no such time limit on the vehicle keeper stated in the Act.  The only 14 day time limit stated in the POFA 2012, is on the claimant to serve a parking charge notice on the keeper within the 14 days of a parking contravention, in order for the creditor to pursue the keeper only on condition that claimant does not have the driver's details before beginning proceedings.  Claimant received the driver's details 2 months prior to beginning proceedings.

The misinformation provided by the claimant's counsel caused the Mediator to state "the 14 day time limit to transfer liability has long since passed, unfortunately" and further went on to say that the defendant would be liable for the claimants charges and interest, implying that the defendant's defence is ineffectual.

I take it that this can't be used in a witness statement?

Is the report likely to be taken seriously?

Coupon-mad

Yes report it.

And yes mention this in your WS.

The worst that can happen is that the judge ignores the lie, BUT it plants a seed in the judge's mind.

Humanoid85

Just had a standard response to the complaint.

Thank you for your complaint, in which you explained that you believe the mediator passed on incorrect information from the other party. I’m sorry that this left you feeling concerned, and I appreciate the chance to clarify how mediation works.

I understand how it can be unsettling when information shared during mediation doesn’t match your understanding of the situation. In mediation, however, anything the mediator relays comes directly from the other party. The mediator is simply the channel between you—nothing they say represents their own opinion or judgement. Their role is to ensure that both sides are heard and to help keep the conversation moving, not to interpret or verify the accuracy of what either party says.

It may also help to explain that mediators do not receive case details in advance. They do not read case files, examine evidence, or check whether statements made by either side are factually correct. Mediators handle a very large number of cases covering a wide range of disputes, so they are not in a position to determine who is right or wrong or whether a claim is legally sound. Only a judge can make those decisions, and only the court examines evidence.

Ultimately, the content of the discussion—and any decisions made—belong entirely to you and the other party. The mediator cannot impose an outcome, and you always retain complete control over whether to accept or reject any proposal.

I’m sorry if this process wasn’t clearly explained at the outset or if the experience left you feeling misinformed. Your feedback is important, and I hope this explanation helps reassure you about the mediator’s role and intentions.

Coupon-mad

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