ES Parking Enforcement

claxtome

It has been about 2 months since your last post.
Did you get anything back from your LBC response?

billinghamn

This case has now progressed further. We have exchanged further letters, and now I have received a moneyclaim form for county court. Will be strongly defending the case based on the fluttering ticket evidence.

Any advice/support would be appreciated, especially in how best to word my defence.

Lamilad

Any advice/support would be appreciated, especially in how best to word my defence.

Claxtome is also dealing with a fluttering ticket case and has loads of useful information and comments on his thread. Click on his username to view his profile then click on "threads"

nosferatu1001

Also read post 2 of the newbiues thread, to make sure you have acknowledged the claim to give you the full 33 days from date of issue for the court to RECEIVE your defence.

billinghamn

Acknowledged claim online. Need to work on my defence next!

billinghamn

I could do with some advice!

I need to act on another person's behalf in this case. The other person is the defendant and my objective is to represent that person in court, ideally with that person not needing to attend court.

I have acknowledged the claim on behalf of the other person and noted myself as "Litigation Friend".

Is that enough, or do I need a Power of Attorney or something?

Umkomaas

The other person is the defendant and my objective is to represent that person in court, ideally with that person not needing to attend court.

The defendant has to attend court, unless you/he/she want to totally avoid attendance by asking for the case to be ‘heard on the papers’, a more risky strategy.

You should do some research on ‘Lay Representative’ and ‘McKenzie Friend’ to look at your other range of options.

billinghamn

Umkomaas wrote: »

The defendant has to attend court, unless you/he/she want to totally avoid attendance by asking for the case to be ‘heard on the papers’, a more risky strategy.

You should do some research on ‘Lay Representative’ and ‘McKenzie Friend’ to look at your other range of options.

Thanks for this. I have done a bit of research on this already.

A "McKenzie Friend" has no right to act on behalf of a litigant in person, so that's probably not worthwhile pursuing for my purposes.

"Lay Representative" as defined in MCOL appears to allow someone else to represent the claimant in court, but the claimant needs to also attend. I assume that equally applies to the defendant!

There's also a note "Your lay representative cannot go to the hearing without you, unless you have permission from the court".

So has anyone any experience of requesting permission from the court?

The_Deep

They should quit while they are behind.


Have you investigated a counter claim under data protection laws or harassment, or investigated unreasonable conduct costs under CPR27.14(2)(g)? All useful sticks with which to beat a scammer.

Coupon-mad

billinghamn wrote: »

I could do with some advice!

I need to act on another person's behalf in this case. The other person is the defendant and my objective is to represent that person in court, ideally with that person not needing to attend court.

I have acknowledged the claim on behalf of the other person and noted myself as "Litigation Friend".

Is that enough, or do I need a Power of Attorney or something?

Re the alarming bit in red - Nononono. This could be distrastrous, why didn't you ask? Eeeek!!

You CANNOT acknowledge the claim, only the Defendant can. Currently I would say the Claim remains unacknowledged!

NONONO.

All of this needs to be done in the Defendant's name.

So now you will have to also POST an acknowledgement (signed by the RIGHT PERSON) or phone the CCBC on Monday (with the Defendant next to you, as they are probably the only person who the CCBC will speak to) and put this initial error right.

Being a Lay Rep (the person who speaks for the Defendant) is fully described all over the forum, and doesn't need your name in the frame until the hearing. It will be OK but that comes MUCH later.

You DO NOT feature at this stage.

Also, the Defendant will have to attend with you if a hearing takes place.

billinghamn wrote: »

There's also a note "Your lay representative cannot go to the hearing without you, unless you have permission from the court".

So has anyone any experience of requesting permission from the court?

No, because IMHO it's simply not a good idea. Even with a lay rep family member, the Defendant ALWAYS attends in cases we help with, shows a level of honesty if nothing else, a willingness to be there as witness, something that the PPC won't do.