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#Post#: 47743--------------------------------------------------
Changes in N180DQ process?
DIR By: bz.08
Date: December 1, 2024, 11:27 am
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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!
#Post#: 47756--------------------------------------------------
Re: Changes in N180DQ process?
DIR By: b789
Date: December 1, 2024, 12:22 pm
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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
HTML https://www.legislation.gov.uk/uksi/1999/1225/made
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.
#Post#: 47849--------------------------------------------------
Re: Changes in N180DQ process?
DIR By: bz.08
Date: December 2, 2024, 6:31 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> 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
HTML https://www.legislation.gov.uk/uksi/1999/1225/made
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.
>
--- End Quote ---
Very helpful. I will update in here once (hopefully) DCB
discontinues.
Thanks again!
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