Free Traffic Legal Advice

Hi all,

I have finally recieved an invite to attend/recieve a mediation call. Just to sense check this, is the guidance still inline with the advice outlined in the last post in this thread:

https://www.ftla.uk/private-parking-tickets/dcb-legal-on-behalf-of-euro-carparks-claim-form-received-defence-needs-submittin/msg88670/#msg88670

Copied from post for ref:

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.

Following this closely as almost identical case. You are a bit further along than me though! I guess as stated they rely on people just giving up and paying! You can't talk to anyone. Not even an email address or you get a don not reply address. I had another ticket. Again exceeding the 3 hrs for Costco going to see Everton at the new stadium. I only stopped for petrol! Couldn't get in or out so ended up parking. I'd only recently bought the car so logbook hadn't been updated. Ticket went to previous owner. Told them he didn't own it and wasn't the registered keeper. Went around and around for 6 months. Finally they gave up yesterday. I even went to their registered office in Liverpool. Onlu to find they have been gone for 6 months. Owe a fortune in rent. And have had hundreds of people turn up looking for them. On the corresondence today it still shows the vacant office as their address. Civil Enforcement:    
Legal Team

Email: legal@ce-service.co.uk
Tel: 01614 515151

Address: Civil Enforcement Ltd, Horton House,
Exchange Flags, Liverpool L2 3PF.

Search the forum.

But in summary, no, Northampton is the central clearing centre, the case will be transferred to the court you specified on your N180 in due course, when it is please show the letter showing the hearing date, the date by which the claimant has to pay the court fee, and the date by which documents need to be submitted to the court.

Do not talk to DCB Legal, block their number or hang up on them. Any appropriate communication needs to be in writing.

As you will see from your forum search, DCB Legal usually discontinues before having to pay the fee.

Yes

The Notice of Allocation which comes next contains important details, date of court hearing, date by which claimant has to pay the court fee, date by which both parties have to submit Witness Statements.

You need to be prepared to submit your Witness Statement by 12 June, but so does the claimant, and ideally you should wait until you receive their WS so that you can respond to it.
On 19 June you should ensure that the court fee has been paid, in the absence of any notice of discontinuation.
Your Witness Statement is your story, but note the requirements as stated in the letter you have posted. Facts, paragraphs, clarity.

DCB Legal usually discontinue, and in this case they may do so by 12 June so as to avoid the need to submit their WS which will cost them money, in which case you will not need to submit your own WS. But it’s worthwhile your thinking about the structure of your WS in case they don’t discontinue, and you shouldn’t miss the deadline.

It’s a good sign that they may well discontinue before 12 June, but every case is different!