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.”
If the mediator probes your defence:
”In what capacity are you asking that question? Are you legally trained? If not, please refrain from offering opinions. I will be reporting any attempt to do so as inappropriate.”
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.
I had the mediation call this morning and followed these steps.
I was informed that the total amount of the claim is £255 which relates to this parking charge issued of 5th June 2024. Maximum parking time 24hours. This vehicle entered the site at 1931hours on 4th June and left the site on 5th June, observed for 1 day 36minutes which is over the 24hours maximum period. It was also noted that no appeal had been submitted from the original parking charge or transfer of liability.
I outlined the above prepared statement to the mediator requesting the full name of the person attending etc. Mediator asked for my defence and said this information wouldn't change anything today. I replied that before we continue I require this information.
Received a call back and was told BW Legal are not prepared to provide that information so I informed them of this "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."
I was informed my response has been logged and the case will be updated as unresolved and passed to the courts. I should await a response from the courts in due course about what happens next.
Will keep you updated and as always, thanks for your continued help and support.
