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UKPC failed to pass GO and collect £1120
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Thank you, then you are right0 -
I'm somewhat concerned about how the "non solicitor" obtained the right of audience without their client, (UKPC), being present.
CPR 27.3 states:
Representation at a hearing
3.1 In this paragraph:
(1) a lawyer means a barrister, a solicitor or a legal executive employed by a solicitor, and
(2) a lay representative means any other person.
The grey area here is the interpretation of the word ‘employed’. Should that mean someone who is in full time paid employment in a law firm, or can it apply to the freelance advocates used by the likes of LPC/SCS, who are contracted for the day on a self-employed basis for a set fee?
My interpretation is that the solicitors who contracted them are subject to the rules of their regulatory body (The Law Society), therefore any misfeasance by the advocate can result in sanctions against the contracting solicitors. On that basis, I believe they do have rights of audience.
On a more practical level, a lot of these people appear in cases day in, day out, in the same courts, and are familiar to the Judges. To expect a Judge to rule that he’s been getting it wrong for ages by allowing them to appear, is a bit unrealistic.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0 -
Is this the first (known) occurrence of a PPC court case being lost on the correct challenge of POFA compliance? While it's talked about a lot, sticking rigidly to the letter of the Act hasn't come up before.
So many parking charge notices fail to put the period of parking, e.g. normally omitted altogether in cases of "no permit", or using ANPR capture times, which are not the period of parking (that'll be an interesting one if it were ever to get to court), or having a period of parking of just a few seconds (is that really "parking" if it was just a brief "stop").0
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