Court date...

MrsElliot

Hi,
We have just got a court date to defend a parking ticket and I just wanted to ask what to expect at court. At the moment the pressure is getting to me and I think I might just end up paying my relatives parking ticket myself out of my own pocket as I can't deal with the stress of it all. I know its not my problem but I was the one who suggested that they fight it and I have been the one that is dealing with all the paperwork so I feel responsible if it all went wrong.

The_Deep

Judge Rynder it is not. No gowns, no lecterns, no flags, no lackies, no shouty drama queens. Just a table where everyone sits. The judge asks a few questions, looks at the paperwork, and makes his/her decision.


Unless you plan to lie to the judge it is not stressful at all.

Umkomaas

Your original thread:

https://forums.moneysavingexpert.com/discussion/5493188

I don't profess to being a court 'expert', but it's your relative who has to defend this and be prepared to turn up in court. You can't do it for him (although there's nothing wrong in preparing the paperwork, but he must understand what's in it in order to speak to it if necessary).

As you seem not to have come back to the forum during the period since your original posts, we are not up to speed in terms of what you've done in preparing the defence and other paperwork you've completed for the court in the intervening period.

What we do know is that MIL rarely turn up at court (somewhat depending how far away it is from their base in Truro) and the case is struck out - but your relative must turn up, even if MIL don't, or he could be facing a default against him.

Sometimes MIL cancel just before the court date, but if you receive such a communication from them, you need to check quickly with the court for confirmation.

But the safest position to take is an expectation that this will go all the way to the county court. But this won't be a wigs and gowns affair, it will be a case usually of sitting around a table with a judge in civvies, the MIL rep putting forward their case, your relative putting forward his, then the judge reaching a decision.

But as we have no idea of the sort of paperwork you've put forward it's hard to tell how anything will play out. The one thing to say is that if you lost at court, the cost will likely be much lower than the amount MIL is trying to claim. And it seems that judges might be getting wise to the MIL strategy of using the small claims procedure to lever debt collecting pressure on motorists.

You've nothing to lose by ploughing on with this - don't blink first when there's lots of evidence to suggest that MIL will do so ahead of you if you keep your nerve.

Have you read the 'Small Claim?' link in the newbies FAQ sticky where expert Bargepole explains the small claims court processes?

MrsElliot

Thank you for your replies, we have submitted a defence but I know its up to my relative to go to court to defend it himself so there is only so much I can do to help. He only asked me to help as I have defended parking tickets before (but its never got to this stage!)

I will have a look at the small claim link as you advise. Its just never actually having been in this position before makes it a little stressful.

Coupon-mad

You can go with him to court if local/convenient for you. Either as his 'McKenzie Friend' (where you support him to find paperwork/make points but he addresses the Judge) or as a Lay Rep (where YOU can speak for him instead and he can't address the court).

HO87 posted just the other day about two unrepresented defendants using one of his strong defences, who both won. MIL did turn up but got short shrift from the Judge who came to the conclusion that MIL's involvement was ''we bought some photographs'' - no claim then!

Use that in your friend's defence - maybe HO87 will be along later to tell us the claim numbers/dates/Judge and courts involved so people can cite those cases.

Marktheshark

The most important advice I can give seal your court bundle with red tape or string and open it in front of the judge.
An unsealed bundle at court is an open invite for evidence to be dropped on your bundle.


These law firms they send take great advantage of this ignorance of evidence bundles and regularly drop large wads of evidence on defendants in court.


Seal your papers, leave anything they drop on the floor, do not take it and do not take it in to court.

When in court state the bundle you have was sealed at the deadline for submissions.

Cases have been lost with dropped evidence in the waiting room.