Changes in N180DQ process?

• Changes in N180DQ process?
  Posted by bz.08 on 01 Dec, 2024 17:27
• Hi all,
  
  I've followed the valuable advice on this forum for a few private parking cases this year resulting in me winning one case in court and "winning" another via withdrawal of the solicitors.
  
  I am at the N180 form step now for another alleged contravention (which dates back to 2022) but I noticed this form has changed vs earlier this year. The main change I see is the addition of the mediation section. I understand that I must sign up for the mediation which will just be a phone call where I'd pledge £0.
  
  I have two questions:
  
  1) As part of their DQ pack they sent to me, DCB Legal asked me to contact them directly within 7 days of their letter (this deadline has passed) if I wanted to discuss settlement - I assume I can ignore this as I am going through mediation via the N180DQ?
  
  2) The defendant in this case is actually my father but if it got to court (if DCB actually takes it that far), I think he'd struggle with the complex legal jargon the judge uses and he'd probably struggle to articulate a coherent defence in response. In light of this, is it better to put myself down as a witness or as a translator? My Dad speaks English and doesn't need translation anywhere else but just want to help him out if need be. I guess putting myself down as a witness would be acknowledgment that we were at the scene of the alleged contravention so maybe putting down translator is better?
  
  if there is anything else I need to bear in mind that is different now vs 6 months ago then please let me know also.
  
  Thanks again!
• 
  
• #1 Reply
  Posted by b789 on 01 Dec, 2024 18:22
• In answer to your Q1... yes, ignore DCB Legals's request to discuss settlement.
  
  Regarding your points about the latest N180 DQ, it is only mandatory to "attend" the mediation phone call. It is not part of the actual judicial process. There is no judge or solicitor involved. It is a waste of everybody's time in these types of clams.
  
  As you are already aware, you offer £0 and that is the end of the matter. The claim progresses.
  
  Regarding your Q2... as long as you defended the claim, there is a greater than 99% chance that DCB Legal will discontinue before they have to pay the trial fee (£27). They rely on the defendant to be low-hanging fruit on the gullible tree who is going to capitulate and pay up out of ignorance and fear. You are obviously neither ignorant nor fearful of the process.
  
  However, the extremely unlikely event that this ever progressed as far as an actual hearing in front of a judge, you could represent your father as a Lay Representative. You would only need to tell the clerk when you arrive for the hearing that you will be the defendants Lay Representative and make sure you take a copy of the The Lay Representatives (Rights of Audience) Order 1999 to wave in their face if they or the judge questions this.
  
  As a Lay Representative, you may exercise rights of audience in proceedings dealt with as a small claim in accordance with rules of court.
  
  As a Lay Representative may not exercise any right of audience where the Defendant does not attend the hearing. So, your father would need to be present and may have to answer any questions that the judge would direct their way. However, you would be able to confer with him.
  
  As a Lay Rep, you cannot be a witness or give evidence, only represent the defendant.
• 
  
• #2 Reply
  Posted by bz.08 on 02 Dec, 2024 12:31
• Quote from: b789 on 01 Dec, 2024 18:22

  In answer to your Q1... yes, ignore DCB Legals's request to discuss settlement.
  
  Regarding your points about the latest N180 DQ, it is only mandatory to "attend" the mediation phone call. It is not part of the actual judicial process. There is no judge or solicitor involved. It is a waste of everybody's time in these types of clams.
  
  As you are already aware, you offer £0 and that is the end of the matter. The claim progresses.
  
  Regarding your Q2... as long as you defended the claim, there is a greater than 99% chance that DCB Legal will discontinue before they have to pay the trial fee (£27). They rely on the defendant to be low-hanging fruit on the gullible tree who is going to capitulate and pay up out of ignorance and fear. You are obviously neither ignorant nor fearful of the process.
  
  However, the extremely unlikely event that this ever progressed as far as an actual hearing in front of a judge, you could represent your father as a Lay Representative. You would only need to tell the clerk when you arrive for the hearing that you will be the defendants Lay Representative and make sure you take a copy of the The Lay Representatives (Rights of Audience) Order 1999 to wave in their face if they or the judge questions this.
  
  As a Lay Representative, you may exercise rights of audience in proceedings dealt with as a small claim in accordance with rules of court.
  
  As a Lay Representative may not exercise any right of audience where the Defendant does not attend the hearing. So, your father would need to be present and may have to answer any questions that the judge would direct their way. However, you would be able to confer with him.
  
  As a Lay Rep, you cannot be a witness or give evidence, only represent the defendant.
  

  
  Very helpful. I will update in here once (hopefully) DCB discontinues.
  
  Thanks again!
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