Help with PE County Court Claim Form

zzzLazyDaisy

Even more pedantically, by all accounts, the LPC representatives are not even qualified solicitors but law graduates calling themselves 'lawyers', which, if true, begs the question whether they have rights of audience at all, since the concept of 'lay representative for unrepresented individual' does not extend to companies.

Coupon-mad

Duly amended the post to 'law graduate' and I did wonder as I typed it!

Traindriver4

Guys_Dad wrote: »

Do they, by any chance, include a witness statement like this https://forums.moneysavingexpert.com/discussion/4688485 Post #39?

If so, please indicate the name of the person who signed it and get in touch with the Parking Prankster who has a current thread on page 1 or 2 as he may be able to help further. See his blogspot too http://parking-prankster.blogspot.co.uk/

You will need to challenge the validity of the witness statement if they have included it. There is absolutely no proof that this person works for the landowner, that they have ever seen the contract in question or even understand it. Demand that a copy of the relevant paragraphs of the contract are made available to the court.

I have done it!

Traindriver4

zzzLazyDaisy wrote: »

As someone else has said, a Directions hearing is simply an interlocutory hearing (ie a short hearing during the run up to the full hearing that deals with one point only). In the case of the Directions hearing, it is to deal with procedural issues -how many witnesses, any dates when the parties are unavailable for the full hearing, exchange of witness statements, documents, etc, so everyone comes to the full hearing properly prepared (well that's the theory anyway).

More interestingly though, this hardly ever happens at small claims court -usually the court just sends out a standard notice by post stating what the parties must do and when.

Which court is this, please?

I have sent you a PM.

Traindriver4

Coupon-mad wrote: »

Presumably you've still been on the forum here regularly, following the recent PE losses in court and the withdrawn case with the irregularities...shown here among all the small claims wins I could think of and keep up to date here, which is linked to the 'Welcome' sticky thread:

http://forums.moneysavingexpert.com/showpost.php?p=62971894&postcount=65

I would be sending a letter to Rachel Ledson to rattle PE's cage that you know about all these recent cases and will cite them and will require the actual contract, which you believe actually states PE's takings from the contract as 'revenue' (just as was the basis of the cause of action in the ParkingEye v Somerfield case...they sued for lost 'revenue' in free Supermarket car parks...).

By the way when it comes to your actual hearing (if it takes place and PE don't drop the case earlier) that's when you need everything to hand in an alphabetical/organised folder so you can whip out evidence if the judge asks about an aspect of your defence.

Be word-perfect familiar with it all at hearing stage and don't be waylaid in the court corridor by PE's hired hand law graduate (fresh off the train where he's been reading the paperwork for the first time) trying to convince you to fold/pay something, or trying to serve late evidence at you (refuse and object to the judge).

Thanks very much. Your link is very helpful indeed and do keep it up to date. It looks inevitable that my case will end up in the court and I will make sure that I am fully prepared.

Traindriver4

zzzLazyDaisy wrote: »

Even more pedantically, by all accounts, the LPC representatives are not even qualified solicitors but law graduates calling themselves 'lawyers', which, if true, begs the question whether they have rights of audience at all, since the concept of 'lay representative for unrepresented individual' does not extend to companies.

I need to get this absolutely right. Companies can be represented by a fully qualified lawyer ONLY. So what happens if a graduate/apprentice/trainee lawyer turns up at the hearing? And What do you mean by "LPC representative"?

bod1467

Traindriver4 wrote: »

I need to get this absolutely right. Companies can be represented by a fully qualified lawyer ONLY. So what happens if a graduate/apprentice/trainee lawyer turns up at the hearing? And What do you mean by "LPC representative"?

Someone representing LPC Law on behalf of the PPC?

zzzLazyDaisy

A trainee solicitor has rights of audience to represent a company before a district judge, but as far as I am aware LPC are not authorised to give training contracts. They may well employ some qualified solicitors, but as far as I know, most of their 'lawyers' as paralegals - ie law grads etc who have a law background but are not among the members of the legal profession who have rights of audience.

However, I would not get too hung up on this, as I have not heard of any case being thrown out on this point (unless a regular can tell us different).

What I would do is put the issue to one side and prepare your case on the assumption that the person who turn up to represent is in fact qualified to do so (as s/he may be). But at the start of the hearing, just tell the judge that before the case starts you wish to confirm that the claimant's representative has rights of audience as you have heard that some of LPC's representatives are unqualified and do not have sufficient rights of audience to represent companies in court.

But as I say, don't get side tracked by this as the court has the power to grant rights of audience in a particular case if an application is made in advance, and it is always possible that the judge may remedy any procedural irregularity there and then and allow the case to continue.

Coupon-mad

Traindriver4 wrote: »

I need to get this absolutely right. Companies can be represented by a fully qualified lawyer ONLY. So what happens if a graduate/apprentice/trainee lawyer turns up at the hearing? And What do you mean by "LPC representative"?

Seen this?

http://parking-prankster.blogspot.co.uk/2013/11/do-you-have-court-hearing-with.html

I can tell you that I would take PP up on this offer if it were me.