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Messages - Waqas

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1
I called them back and was informed that the case is still awaiting to be transfered to the local court, and they have my up to date address now on the system.

2
Thanks once again, Yes I did and also received acknowledgeemnt from Gladstones. Sure I will contact the local court.

3
I contacted the CNBC team by phone to check whether my address had been updated on the system. At the time, it had not been updated, but I was advised that it would be.

I was also told that my case was in the process of being transferred to my local court and that I should receive a letter confirming this. However, it has now been around 4–5 weeks and I have not received any court correspondence.

The phone adviser also stated that email cannot be used as my preferred method of communication, despite me requesting this in my address change email.

Is there an email address I can use to check whether my case has been transferred to the local court, or to confirm whether a hearing notice has been issued? Would caseprogression.cnbc@justice.gov.uk
 be appropriate for this enquiry?

4
How to check who to update my address with (Gladstones or DCB Legal)?

I’m a bit unsure who I need to contact about my address update.

I’ve already emailed and sent a letter to Gladstones Solicitors, and they acknowledegd my eamil. However, during my mediation appointment, the mediator still had my old address on their system.

The mediator told me to email mcol@justice.gov.uk
, but that email seems to be invalid. I’ve already updated my address on MCOL, but I want to make sure it’s correctly updated everywhere — especially with the court and the mediation service.

Do you know the correct the best way to ensure my updated address is properly recorded?


5
DCB Legal is asking me for my DCB Legal reference number to locate my file, but I am unable to find it. I have provided them with the claim number, which they are unable to use. Are there any alternative details I can provide to help them locate my file?

6
Thanks once again for your help- I have sent the email. The mediator mentioned that they still had my old postal address on their system — even though I previously sent an email to update it, as you advised.

The mediator suggested I contact mcol@justice.gov.uk
, but that email address doesn’t seem to work. Any further advise?

7
I had the mediation appointment.

I enquired the 3 questions

• the full name of the person attending for them- mediator did give me the name
• their role/position at their legal representative’s firm;- mediator answered that she is a paralegal
• whether they hold written authority to negotiate and settle today. mediator said yes

Then I offered

"My settlement offer is £0, or I invite the claimant to discontinue with no order as to costs."

Mediator spoke with them and then came back to me saying that the step is court proceeding.

So I will wait for the court proceeding now.

8
Thanks all for your valueable comments, in the end. I did not manage to see the prosecutor before the hearing- I was told it wont be possible. But some admin person/ clerk met me before the hearing. She said if you pled guilty for speeding then second offense will automatically drop and thats exaclty what happened. Judge dropped the second charge after pleading guilty for speeding. I was given 3 points on liscense and 250£ fine.

9
Thanks for the advise, are the mediation appointment date/timings negotiable at all?

10
Now I received mediation appointment.

"Claim number: .....

Parties: ... ...... vs .......

Your telephone mediation appointment
Appointment date: ....

Appointment time slot: ........

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:"

11
Thanks very much for your clear explanation, it’s really helpful.

I don’t have much (or really any) experience with court, so I’m not entirely sure how I actually go about engaging with the prosecutor before the hearing. Do I approach them on the day at court, or is there a more formal process? Any guidance on how I should start that conversation would be greatly appreciated.

12
So what should I say in the court?

13
Thanks for the useful discussion above.

I have a few more questions — mainly about whether I can raise the following points in my defence/mitigation at the hearing. I also have written proof to support each of these points below:

1. I have a history of co-operating in the past — for a previous speeding ticket I responded straight away and attended the speed awareness course.

2. Ongoing health issues in my family — my wife had an operation the same month.

3. Generally a clean driving history — apart from these two speeding matters, I have no other speeding offences in 12 years (since got the liscense).

4. I work full time as a doctor with a very busy schedule and often move house. I genuinely forgot to update my V5C after moving this time, I have learnt from this and will be careful in future .

Also, a couple of practical questions:

Can I actually read my written defence in court (rather than relying on memory, and talking), as for sure I’ll be quite nervous speaking?

Just to double check — once you’ve pleaded guilty to one offence, there’s no option to change that plea later, is there? Apologies if that’s a daft question, and apologies for my ignorance.

14
The court letter does not have much details on it "You are summonsed to attend the court sitting"- its for .... Magistrate court

I have attached the court letter link below.

https://ibb.co/Kxs7176d

15
Thanks again

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