DCB Legal Claim Form Stage for Overstay @ Costa Coffee Car Park

I wouldn’t worry too much about it at this stage. The DQ is required for administrative purposes. Just follow the instructions I posted above and download your own DQ and email it as advised.

Ok, will do thanks

Done now, had until 3rd March to send in

Have received auto replies from both mailboxes

Now have an appointment for mediation the morning of 31/03.

As I understand it, I just say 'Nothing' when asked how much I am willing to pay and that's it?

I didn’t say say “nothing”. I said, you offer £0. You are prepared to settle for £0 if the claimant agrees to drop the claim.

Ahh ok, got it... thank you.

Had the call just a few moments ago -

Mediator asked if I'd ever had a mediation before and if I'd went through particulars of the email they sent to me

Then went through particulars of case "Location, Overstay 90 mins etc"

Claim is £281.36

First offer is £220 -

As instructed I offered £0 and prepared to settle for £0 if the claimant agrees to drop the claim

The replied that - Yes,  I was prepared to go ahead and have the case seen by a judge

Mediator then hung up and rang back a few minutes later

Informed that they are not willing to drop at this stage, stating that no mitigating circumstances were presented by me at the time

And that they are willing to proceed to court

Mediator stated he will forward this information to my local court and that I will receive a letter in due course instructing me to file the relevant documents in a timely manner.  The judge will review and either make a decision or proceed to a hearing.

 

If what you have explained above is an accurate statement of what was actually said by the mediator, you should make a formal complaint. Nothing disclosed or discussed during mediation (including offers made, reasons for non-settlement, or any admissions) can be referred to the judge or relied upon at the hearing.

The mediator is not a judge and has no decision-making authority. They simply facilitate discussion. If no agreement is reached, the case continues as normal, and the judge at the final hearing will not be informed of what was said or offered during mediation.

If the mediator actually stated he "will forward this information to my local court...” this implies that details of the discussion or offers made during mediation will be passed to the court or judge. That is mendacious and a breach of the confidentiality of the process.

The mediator stating “…and that I will receive a letter in due course instructing me to file the relevant documents in a timely manner.” is standard procedure after unsuccessful mediation, and not problematic in itself.

After mediation fails, the case reverts to the court timetable, and parties are expected to comply with Directions (e.g., file witness statements, evidence etc.). The notice to proceed comes from the court, not the mediator. It sounds as though this mediator is empowering him/herself beyond their remit.

If the mediator suggested the judge might decide the case based on the mediation, that is misleading and prejudicial. If the mediator implied or stated that the judge would see the content of the mediation or the mediator misrepresented the process, suggesting that refusing to settle could prejudice the defendant's case or the mediator gave legal advice or made threats of consequence for not accepting an offer, such conduct is inconsistent with the neutral, non-judgmental role of a court-appointed mediator and breaches Civil Mediation Council or HMCTS expectations.

I suggest you send the following the Small Claims Mediation Service (SCMS) or via HMCTS feedback channels:

Subject: Formal Complaint Regarding Conduct of Mediator During Small Claims Mediation

Dear Sir/Madam,

I am writing to raise a formal complaint regarding the conduct of a court-appointed mediator during a recent small claims mediation.

The mediation took place on [insert date], in relation to County Court claim number [insert claim number]. During the course of the telephone mediation, the mediator made statements which I believe were inaccurate, inappropriate, and potentially prejudicial.

Specifically, the mediator stated that they would “forward this information to [my] local court” and that I would “receive a letter in due course instructing [me] to file the relevant documents in a timely manner.” They further stated that “the judge will review and either make a decision or proceed to a hearing.”

I am concerned that this implies that the judge will be made aware of the content of the mediation discussion. As I understand it, mediation is intended to be a confidential and without-prejudice process. No information exchanged during the mediation should be disclosed to the court or to the judge who may ultimately hear the case. If the mediator intended to convey something different, it was not made clear, and I found the comments misleading and concerning.

I would appreciate confirmation that:

• The confidentiality of the mediation has not been breached;
• No details of the discussion have been or will be passed to the court;
• Appropriate steps will be taken to ensure mediators are clear about the limits of their role and the confidentiality of the process.

I respectfully request that this matter be investigated, and I look forward to your response.

Yours faithfully,

[Your full name]
[Your address]
[Your contact number]
[Claim number again for reference]

Sorry haven't been around on here had some more pressing duties to attend to but thanks so much for getting back to me on this as always with all the detailed information to help me in this case.

Yes indeed, the mediator stated those things and I will do as you instructed and send in a  formal complaint this week.

Haven't received any word from the SCMS yet, although the auto reply stated 10 days.  Past that now

I have in the interim received two documents - The first being 'Notice of Transfer of Proceedings'  then this arrived on Saturday 3rd May.

[ Guests cannot view attachments ]

Drop an email to the SCMS to remind them tat they have not reposted to your complaint.

The Court order is for the claimant to file further, more detailed PoC which must be submitted by 4pm on Tuesday 13th May. If they fail to do so, the claim is struck out. If they do file further PoC, then you have until 4pm on Tuesday 10th June to submit an amended defence.

I suspect that you will now receive either a call, text, email or letter from DCB Legal with an offer to settle, which you should ignore. If you have not received anything from them by the 13th, let us know.

I haven't had any word at all from DCB legal, unless the call comes under 'suspected spam' which I wouldn't answer as a rule.

Nothing in my junk or clutter folders either.

In my MCOL page there's been no change

Last entry in my claim history is
'Your claim was transferred to DURHAM on 08/04/2025'

As for my complaint to SCMS, they replied but by the time I located it in my junk folder the password to the encrypted mail they had sent had timed out

I've contacted them again to see if they can send me another password

I guess as I've not had contact to settle, they intend to proceed?  How would I be notified if that was the case?

Correct, I have until June 10th - 42 days from April 29th to file my defence - originally I was going to go with the signage at the particular car park not being adequate etc, submit photos etc.

But I read on here, that a lengthy defence doesn't sit well nowadays so is there a template I can use in this instance?

Will be checking in here daily from now on as the timeline is fast approaching and any advice for my defence would be hugely appreciated

Thanks in advance.

Forget MCOL. It is only relevant until the claim is transferred to your local court. You now need to contact Durham county court for any further information.

If you have not received a copy of their further PoC, then the claim is struck out. They had to serve the further PoC no later than 4pm on Tuesday 13th May. They were bound to send a copy to you. They haven't. They claim stands struck out.

However, just to confirm this, you should send an email marked "URGENT" with the claim number in the subject line to hearingsdurhamcty@justice.gov.uk and CC in yourself and info@dcblegal.co.uk, with the following:

Subject: URGENT – Claim No. M7KF8736 – Civil Enforcement Ltd v [Defendant's Name] – Failure to Comply with Court Order

To: hearingsdurhamcty@justice.gov.uk
Cc: [defendant's email address], info@dcblegal.co.uk

Dear Sir or Madam,

Re: Claim No. M7KF8736 – Civil Enforcement Ltd v [Defendant's Full Name]

Order dated 28 April 2025 before District Judge Reynolds

I write with urgency to inform the Court that the Claimant has failed to comply with paragraph 1 of the above-referenced Order, which required them to file and serve detailed amended Particulars of Claim by 4pm on Tuesday, 13 May 2025, failing which the claim would be struck out.

As of today’s date, I have not received any amended Particulars of Claim, nor any communication whatsoever from the Claimant or their legal representative, DCB Legal Ltd.

Furthermore, I am not aware of any application having been made by the Claimant for relief from sanctions or for an extension of time. As such, the Claimant remains in breach of paragraph 1 of the Order, and the sanction of strike-out should now take effect.

I also note that paragraph 2 of the Order required the Defendant to file an amended defence within 42 days of the Order. However, in the absence of the further and better Particulars of Claim ordered by the Court – which are necessary to identify the case I am required to meet – it is not possible to comply with paragraph 2. The Claimant’s failure to act has therefore placed me in a procedurally unfair position.

I respectfully request that the Court confirm that the claim is now struck out in accordance with the terms of the Order dated 28 April 2025.

In the event that the Court confirms that the claim stands struck out for non-compliance with the unless order, I respectfully request that the Court consider a modest costs order under CPR 27.14(2)(g), on the basis that the Claimant’s failure to file the amended Particulars of Claim has caused unnecessary time and effort. I am a litigant in person and will provide a brief schedule of costs if invited to do so.

Please confirm receipt of this email and advise whether any further action is required on my part.

Yours faithfully,

[Defendant's Full Name]

[Defendant’s Postal Address]
[Defendant’s Email Address]

Ok done thank you, much appreciated.  I will update here when I hear back.

As for my complaint with SCMS, they just sent the same expired password back to me 🤦