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

Loadsofchildren123

Don't forget to challenge his rights of audience

Loadsofchildren123

the suspense is killing me!

KimmyHrunt

I dont understand half of what that means

Loadsofchildren123

Sorry Kimmy, which bit?

The challenging the right of audience: it's common for PPCs to send unregulated, self employed lawyers who it turns out have no rights of audience. Someone can post you a quick link to the relevant law, I'm sure.

The rest was just me saying not to be overwhelmed inside court - take your time and if you want a few minutes to collect your thoughts or find a document, then just ask the judge.

Re the Skeleton: to avoid this getting lost between floors, I'd hang around outside your dedicated court room and when the clerk comes out (he will be obvious, he usually carries a clipboard) tell him you brought a Skeleton and handed it in downstairs and you want to make sure the judge gets it.

Loadsofchildren123

Having no right of audience means their rep cannot talk to the judge as he has no right to be heard.
So if they have sent the wrong sort of person and you challenge it, then the judge has to tell him he can't speak. Game over. You win.

Lamilad is watching and can probably put his hands on the link to the law on this.

KimmyHrunt

I'm on the main floor outside all the court rooms. The claimant has a copy of my skeleton arguement as i have just seen it been handed to them. It appears 2 of them are in a consultation room.

The final copy i submitted appears to still be sat at the desk where i left it.

KimmyHrunt

Its certainly not the same person whos name the witness statement is under! i know that mucb. Does that matter?

Umkomaas

[STRIKE]Lamilad[/STRIKE] Umkomaas (:)) is watching and can probably put his hands on the link to the law on this.

http://parking-prankster.blogspot.co.za/2017/02/mil-lose-ms-kauser-denied-rights-of.html

KimmyHrunt

Can the person who submitted the ws be different than the person on behalf of the claimant who appears in court?

Loadsofchildren123

The person who made the witness statement is supposed to turn up so they can be cross examined. That's probably the other person.

They do not have to be the person who presents the case.

The lawyer who presents the case has to have rights of audience, ie the legal right to appear before a judge and represent a client in court.

That right is set out in Umko's link. Have a quick look at it. Many people these days are winning at the first fence because it turns out the PPC has sent someone who has no rights (a cheap lawyer who is hawking their independent services without being employed by a firm/chambers and is therefore unregulated by the usual professional bodies who regulate lawyers). The judge then tells them they can't speak. Then there's nobody to present their case, and you win by default.