Free Traffic Legal Advice

You can try and save the PDF locally on your computer and the just use some pdf editing software to add your signature over the box.

If you’re an Apple user I can advise.

Simply typing your name is acceptable as a signature.

That is because the claimant cannot attach copies of the contract when making a claim using MCOL. However, if CPR PD 16 requires a copy of the contract to be specified in the PoC, then additional detailed PoC must be filed separately within 14 days of the claim being made.

Then again, CPR PD 16 (7.3) is incorrect for use in the template "long" defence as it should be 7.5 that applies:

7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.

We have to do mediation this tomorrow however my wife is too nervous to do it and I'm not allowed to receive phone calls from work so my daughter will take the call

 Any does or don'ts we shud b aware off ?

I told my daughter if they ask are you willing to settle at any price offer them £30 but also mention it is simply to end the issue we don't accept blame.

Are they likely to ask why we not paying ? Any particular reasons we shud give ?

Thanks for any assistance

Tell your wife to stop being so silly. Mediation is nothing to do with the overall legal process. There is no judge or lawyers involved. The mediator is simply someone who has had a days training on how to "mediate" by phone between the parties. They have no legal authority to order anything.

DO NOT tell anyone to offer ANYTHING. What an absurd idea. Offer £0 and the whole thing will be over in less than 5 minutes.

The only "legal" requirement is to "attend" the call. There is no legal obligation to agree to anything. By having "attended" the call, nothing else is required.

I really fail to understand peoples misplaced fears about this part of the process. The mediation is NOT a trial. It is simply an unnecessary waste of everyone's time because it serves no purpose in cases like these.

So, if your wife is the defendant in the case, she must be the person "attending" the call. If she is so petrified about it and you think your daughter can handle it as her mother, then make sure that she simply offers £0.

Realistically, nothing will happen even if your wife doesn't "attend" the call. Just last week, ParkingEye failed to "attend" a call and the whole procedure simply moved on to the next stage with no repercussions.

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Others will correct me if I'm wrong (mediation was still optional last time I personally went through the process) but I believe the defendant has to attend the mediation call.

Any claim issued since 22nd May 2024 includes a mandatory mediation call. The only thing "mandatory" about it is the requirement to "attend" the call. There is no requirement to participate in the mediation process. Not participating in the mediation process carries no ramifications. The call was "attended" and that's it.

Ok just an update and slight disappointment

My daughter took the call as I was at work and I told her not to offer anything. The mediator piled the pressure on her and warned her its going to cost you alot and  if you go to court and lose its going to be very expensive. He also said  they have all the evidence to convict. At this point she got a bit frightened and offered £30. In the middle of the call she rang me and I was a bit disappointed she offered them money. He then came back and said they will to go down to something like £500. At this point having offered money I told her do not offer anymore. They then dropped to £400 then £300 and it continued to drop until eventually they agreed to £30.

Bit disappointed but just a warning to everyone else  the mediator was anything but impartial and was very much using scare tactics. I think had we offered initially £10 they would have eventually accepted it 

Thanks to everyone for your help and apologies that we didnt hold firm and tripped up just before the finishing line. Just be aware the mediator from our experience was very much on the other side

Civil Mediation Service complaints

To complain about a mediator or mediation provider in the small claims mediation service, you can:

First, complain to the mediator or provider

If you're not satisfied with the outcome, you can refer the complaint to the Civil Mediation Council (CMC)

Complaints must be in writing and addressed to the CMC at complaints@civilmediation.org

The CMC will send you a complaint form to complete and return

The CMC can only consider complaints about members of the CMC. You must submit your complaint within one month of the mediator or provider's consideration of the complaint, and within six months of the events that led to the complaint.

You can also contact the National Mediation Helpline (NMH) by: Phone: 0845 60 30 809, Fax: 0845 083 3001, and Website: www.nationalmediationhelpline.com.

This is what it is supposed to be about: