Author Topic: Parkmaven NtK and unsuccessful appeal  (Read 12204 times)

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Re: Parkmaven NtK and unsuccessful appeal
« Reply #90 on: »
Confusing indeed. Thanks for reminding me. I've edited my previous post.

Let's see if they now go for the hearing. By the way, they still have not sent the contract or any evidence in support of their claim.
« Last Edit: December 13, 2025, 12:36:44 pm by kgw »

Re: Parkmaven NtK and unsuccessful appeal
« Reply #91 on: »
It is not "they go for the hearing". In due course, the case will be transferred to your local county court and a procedural judge will assign a hearing date and other deadlines. One of those deadlines is for them to pay the £27 trial fee, around 4 weeks before the hearing date. It is just before this deadline to pay the trial fee that they will issue an N279 Notice of Discontinuance and it will be over.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Re: Parkmaven NtK and unsuccessful appeal
« Reply #92 on: »
Hi and happy new year to all!

HMCTS is busy on new year's eve. MCOL now says "You filed a DQ on 31/12/2025" (even though it was sent acknowledged on the 13th) and I've received a Mediation Appointment Confirmation for 18 Feb which I need to reply to by providing a phone number.

The confirmation email says:
"The mediator will call both parties separately – you will not talk directly to the other side. They will try to help you come to an agreement with the other party. If an agreement is reached at mediation the case will not need to progress to court.
Where your mediation appointment is mandatory, if you do not attend the appointment, the judge will take this into consideration at any court hearing and may issue a penalty. This could include the judge automatically ruling in the other party’s favour or ordering you to pay for some or all the other party’s costs.
"
The mediation does not appear to be classified as mandatory but I'll answer the call I suppose, although I'm not sure what to expect from this mediation.

Re: Parkmaven NtK and unsuccessful appeal
« Reply #93 on: »
Mediation is mandatory, per Section A on the N180 you submitted, but it’s pointless, you will offer £0 to settle and your offer won’t be accepted and that’s that.

Search the forum for lots of examples.

Re: Parkmaven NtK and unsuccessful appeal
« Reply #94 on: »
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.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Parkmaven NtK and unsuccessful appeal
« Reply #95 on: »
Thank you for clarifying the fact that there can be back-and-forth phone calls between both parties.

I will attempt to get the details of Parkmaven's attendee during the actual phone call but, having searched the forum for mediation examples, I ran into a complaint reply by HMCTS which read:
"The mediator’s role is to confirm that each person taking part has authority to settle the claim, which was done during your appointment. While I appreciate that you feel that the claimant’s representative should have identified themselves, there is no requirement for them to do this, and the mediator cannot make the parties share their personal details."
« Last Edit: January 01, 2026, 08:45:47 pm by kgw »

Re: Parkmaven NtK and unsuccessful appeal
« Reply #96 on: »
Do't overthink this. The mediation is not part of the judicial process. You will get nowhere by trying to get the claimant to offer any evidence etc. That is left to the Witness Statement stage, which this will never reach if you follow the advice.

The mediation call is a commute waste of everyones time and if you follow the advice I have already given you, this will be over in less that 5 minutes.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Re: Parkmaven NtK and unsuccessful appeal
« Reply #97 on: »
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.

Hi Guys,

I have received an e-mail notifying me that I will have a mediation call today 02/01/2026 between 13:30-16:30, at the end of November but I have failed to reply to scmreferrals@justice.gov.uk with my tel number and whatever else was required, or at least I forgot if I replied or did not find the e-mail in my sent items. Can I still reply now or I am wasting my time and I am going to get a penalty anyway?
« Last Edit: January 02, 2026, 11:00:44 am by AlexDove »

Re: Parkmaven NtK and unsuccessful appeal
« Reply #98 on: »
What did you write in the N180 you submitted? You should have provided your telephone number in this and it’s the one which will be used for the mediation call.
« Last Edit: January 02, 2026, 11:52:34 am by jfollows »

Re: Parkmaven NtK and unsuccessful appeal
« Reply #99 on: »
Yes I did provide my tel number.
I have also called a tel number provided by them in the mediation call appointment email to confirm that the mediation call will take place and they confirmed it, they also asked me to confirm my tel number so all good.

Thank you very much for all your answers, I tried my best to check all previous posts for information as I am aware that most people ask mostly the same questions.
Thank you again for your help!

Re: Parkmaven NtK and unsuccessful appeal
« Reply #100 on: »
It’s not a “penalty”, nor is it a “fine”, by using these words you show you are in the mindset they want you to be in.

If I don’t mow your lawn but send you a demand for payment, you wouldn’t call it a “penalty” or a “fine” would you? You’d tell me to get lost.

Re: Parkmaven NtK and unsuccessful appeal
« Reply #101 on: »
Hello,
Sorry I have not check the messages lately.
I did speak to a lady eventually and all went ok. She told me that I will receive a letter in a couple of weeks or so.
Regarding the “penalty” term used, I understand what you are trying to say, however, that’s the information I found online, which could be wrong by all means.
“Yes, if you do not attend a mandatory money claim mediation call in the UK, the judge can impose penalties (sanctions). These sanctions are at the court's discretion and can be severe.”

Re: Parkmaven NtK and unsuccessful appeal
« Reply #102 on: »
Oh, I forgot to mention, after the mediation call I got a missed call from DCBL,
Is that something usual they do? Should I call them back?
This is the message left:
“ This is DCB legal calling for Mr……
We have been trying to contact you. Please call us urgently on (020) 3838 7038. That number again is (020) 3838 7038…”

Re: Parkmaven NtK and unsuccessful appeal
« Reply #103 on: »
Do not call them, block their number, hang up if you answer.

There is nothing you can say which will be to your advantage, and quite likely you will say something which does not help you. All communication needs to be in writing so you have a record.
« Last Edit: Yesterday at 07:12:24 am by jfollows »

Re: Parkmaven NtK and unsuccessful appeal
« Reply #104 on: »
I thought so, I'll block the number.
Thank you very much!