VCS Parking Charges (3) - Resulted In County Court Claim Form

Coupon-mad

Yes - just Sir or Madam.

Lamilad

KimmyHrunt wrote: »

Thanks everyone.

Do you refer to the judge as sir/madam?

Correct.

If they turn up unprepared (as they often do) - missing paperwork etc, they might seek an adjournment, or the judge might suggest it. Object to this saying you are an unrepresented litigant in person and if you can manage to turn up with all your ducks in a row then it is completely unacceptable that the claimant (or their agent) cannot when they are well funded legal professionals.

The case should be struck out and cost awarded for their unreasonable and vexatious behavior.

Be prepared to tell their rep to get lost when they try and get you to settle before you go in. Turn it around on them saying you will be claiming your costs and so this is their chance to walk away or risk paying you.

Be assertive, make sure you get your points across. If they're saying something that you want to challenge make sure you do. Be polite and professional though and don't interrupt the judge.

When talking you address the judge not the claimant unless you're under (or conducting) cross examination.

Don't be afraid to use strong words when required. e.g.:
"the claimant is attempting to mislead the court..."
"the claimant is distorting the facts, allow me to clarify..."
"The claimant knows full well, these costs are not recoverable in small claims..."
"the claimant has produced no evidence whatsoever to support that point..."
"that is denied and I hold the claimant to strict proof..."

....you get the drift.

Be aware that the judge may not be very familiar with parking law, pofa, or any of the other cases you have exhibited so be prepared to explain your case and evidence.

Remember the burden of proof is on the claimant (state this if you feel you need to) and they must discharge that burden.

If you win be sure to ask for costs - £95 loss of earnings, plus travelling costs (bus, train, petrol) and parking costs.

Break a leg!

KimmyHrunt

So i submitted my skeleton arguement and evidence and the reception said that the judge may not accept it or vcs can refuse it as it was not submitted 14 days prior.

Loadsofchildren123

Reception in courts don't know what they are talking about.
This is a Skeleton Argument, there was no requirement on you to file it 14 days prior. It's designed to be a document which will help the judge and save court time, it summarises your case and doesn't add anything new.

Can you go up to the court you are in, hang around outside and give it to the court clerk? The clerk comes out periodically to find out who is waiting and whether there are any documents to hand in. He is usually carrying a clipboard.

Loadsofchildren123

You are a LiP the courts usually bend over backwards to assist you

KimmyHrunt

Whats lip?

I have already handed them over now.

The claimants rep has already dealt with 2 cases today, i have been informed.

If the rep approaches to discuss prior to the hearing, what is the recomended way of telling them to do one?

Lamilad

KimmyHrunt wrote: »

Whats lip?

I have already handed them over now.

The claimants rep has already dealt with 2 cases today, i have been informed.

If the rep approaches to discuss prior to the hearing, what is the recomended way of telling them to do one?

lip = litigant in person (you)

Their rep will probably say something like "would you like to discuss anything before the hearing"

Either say 'no thanks' or as above that you will claim costs and so this is their chance to walk away and avoid paying you

Lamilad

Loadsofchildren123 wrote: »

You are a LiP the courts usually bend over backwards to assist you

Indeed, there's no harm in you playing the nervous LiP with no court experience and asking the judge to 'hold your hand'

Perhaps apologise in advance if any of your documents don't quite fall in line with proper procedure but you are an untrained, LiP with no court experience and no legal knowledge, you have done as much research as you have had time to do done and done your best to get things right with the little knowledge you have.

KimmyHrunt

Lamilad, Emailed you.

Loadsofchildren123

OK, so go and hang around outside the court room and grab the clerk when he comes out (not literally) and tell him you handed it in downstairs, he will go and fetch it probably. At least he/judge will know you've handed something in.

As Lamilad says, play dumb if it helps you. Don't be worried about taking your time and if you need a few moments to think, collect your thoughts or to find a document, then just say so. If you think you are being harangued/bullied, then again say that you are finding this very difficult and unnecessary and it's clearly designed to intimidate you as a LiP

Break a leg!