So, what is the name of the person and their position? There was a reason you were advised to ask this.
You most certainly should make a formal complaint about the mediation. The mediator is not legally trained. They should not be offering ANY advice, impartial or otherwise.
All you had to say besides that was advised was that the claimant has a copy of your defence and you are not prepared to icuss it with a non-legally trained mediator. You were told that this is not part of the JUDICIAL process.
If the mediator made it stressful for you, then submit a formal complaint by email to scmenquiries@justice.gov.uk and CC yourself, along these lines:
Subject: Formal Complaint – Improper Conduct and Partiality of Mediator
Dear Sir or Madam,
I wish to lodge a formal complaint concerning the conduct of the mediator who handled my recent small claims mediation between [Defendant’s name] and DCB Legal Ltd on [date].
The mediator’s behaviour was wholly inappropriate and contrary to the principles of neutrality, impartiality, and non-advisory facilitation that underpin the Small Claims Mediation Service. During the session, the mediator:
• Appeared partial towards the claimant’s representative, repeatedly emphasising that “prices will go up” and implying that I should settle to avoid higher costs.
• Sought to interrogate me, pressing for details of my legal position and the basis for offering £0, despite being told that this matter is a judicial issue to be determined by the court, not by a mediator.
• Asserted incorrect legal propositions, including that DCB Legal’s use of the DVLA-registered address precludes any challenge to liability — a statement that demonstrates both partiality and a misunderstanding of the law.
• Created an atmosphere of undue pressure and stress, leading me to feel intimidated rather than assisted in exploring a voluntary resolution.
The role of the mediator is not to advise either party, evaluate the merits, or act as an intermediary advocate for settlement. This particular mediator demonstrated a clear lack of neutrality and legal competence, undermining confidence in the mediation process itself.
Given the distress caused and the apparent departure from the service’s standards, I request that this complaint be formally investigated, that a record be made against the mediator concerned, and that I receive an apology. If the conduct described aligns with a pattern of similar complaints, I would urge the Service to review this individual’s suitability for the role.
Please confirm receipt of this complaint and advise of the process and expected timeframe for your investigation.
Yours faithfully,
[Full name]
[Case reference or claim number]
For the mediation call, the only requirement is for you "attend" the call. It is not part of the judicial process and no judge is involved.
This is what I advise you to say when you receive the call from the mediator:
“Before I set out my position, please confirm from the claimant’s side:
• the full name of the person attending for them;
• their role/position at their legal representative’s firm; and
• whether they hold written authority to negotiate and settle today.
Please relay that back to me before we continue.”
After the mediator calls back...
If identified and authority confirmed:
“Thank you. I’m content to proceed on that basis. My settlement offer is £0, or I invite the claimant to discontinue with no order as to costs.”
If no/unclear authority:
“Please record that the claimant’s attendee has not confirmed settlement authority. My position remains that liability is denied and my offer is £0, subject to prompt approval by an authorised solicitor if they choose to discontinue.”
All you need to know is the name and the position of the person acting for the claimant and report that back to us. It will be over within minutes. Complete waste of time otherwise.
All normal and as expected. Standard boilerplate stuff. You are waiting fro your own N180 Directions Questionnaire to arrive by post. However, just follow this advice:
Having received your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. you can discard those. Download your own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.
https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf
Here are the answers to some of the less obvious questions:
• The name of the court is "Civil National Business Centre".
• To be completed by "Your full name" and you are the "Defendant".
• C1: "YES"
• D1: "NO". Reason: "I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.."
• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option
• F3: "1".
• Sign the form by simply typing your full name for the signature.
When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.
DO NOT use the defence linked to. It is the wrong one!!! PE claims issued by DCB Legal never comply with CPR 16.4(1)(a) as there is no cause of action stated.
Having submitted an AoS, you have until 4pm on Monday 4th August to submit the defence.
Here is the defence and link to the draft order and relevant transcripts that go with it. You only need to edit your name and the claim number. You sign the defence by typing your full name for the signature and date it. There is nothing to edit in the draft order.
When you're ready you send all the documents as a single PDF attachment (in the order of 'defence', 'draft order' and then the 2 'transcripts') in an email to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must be in the email subject field and in the body of the email just put: "Please find attached the defence and draft order in the matter of ParkingEye Ltd v [your full name] Claim no.: [claim number]."
IN THE COUNTY COURT
Claim No: [Claim Number]
BETWEEN:
ParkingEye Ltd
Claimant
- and -
[Defendant's Full Name]
Defendant
DEFENCE
1. The Defendant denies the claim in its entirety. The Defendant asserts that there is no liability to the Claimant and that no debt is owed. The claim is without merit and does not adequately disclose any comprehensible cause of action.
2. There is a lack of precise detail in the Particulars of Claim (PoC) in respect of the factual and legal allegations made against the Defendant such that the PoC do not comply with CPR 16.4(1)(a).
3. The Defendant is unable to plead properly to the PoC because:
(a) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16.7.3(1);
(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is/are relied on;
(c) The PoC do not adequately set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts)
(d) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred;
(e) The PoC do not state precisely how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;
(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;
(g) The PoC do not provide clarity on whether the Defendant is sued as the driver or the keeper of the vehicle, as the claimant cannot plead alternative causes of action without specificity.
4. The Defendant cites the cases of CEL v Chan 2023 [E7GM9W44] and CPMS v Akande 2024 [K0DP5J30], which are persuasive appellate decisions. In these cases, claims were struck out due to identical failures to comply with CPR 16.4(1)(a). Transcripts of these decisions are attached to this Defence.
5. The Defendant attaches to this defence a copy of a draft order approved by a district judge at another court. The court struck out the claim of its own initiative after determining that the Particulars of Claim failed to comply with CPR 16.4.(1)(a). The judge noted that the claimant had failed to:
(i) Set out the exact wording of the clause (or clauses) of the terms and conditions relied upon;
(ii) Failed to explain the reasons why the defendant was allegedly in breach of contract;
(iii) Provide separate, detailed Particulars of Claim as permitted under CPR PD 7C.5.2(2).
(iv) The court further observed that, given the modest sum claimed, requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, the judge struck out the claim outright rather than permitting an amendment.
6. The Defendant submits that the same reasoning applies in this case and invites the court to adopt a similar approach by striking out the claim for the Claimant’s failure to comply with CPR 16.4(1)(a).
Statement of truth
I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed:
Date:
Draft Order for the defence (https://www.dropbox.com/scl/fi/zc23txk7poctyyxiv2ytx/Strikeout-order-1-a-v2.1.pdf?rlkey=pancly3z6zwqt2cra5rvvh3ls&st=nq7a58tz&dl=0)
CEL v Chan Transcript (https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=i8dnbod3&dl=0)
CPMS v Akande Transcript (https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=qi4lv3fv&dl=0)