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Court Claim Procedure (updated October 2016)
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Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Thanks Umkomass! So from my understanding it would be fine for me to represent the keeper of the vehicle. If it does go to court would this be something included in the court documents? I know this might be a bit early since I am not close to a court hearing yet but I just want to make sure I have everything understood incase it does0
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As I understand it ...
A lay rep can represent and speak for the defendant in their stead. However the defendant must still turn up.
A McKenzie Friend can attend court and support a defendant, but the defendant must do all the speaking with the court.
If I've got this wrong I'm happy to be corrected.0 -
As I understand it ...
A lay rep can represent and speak for the defendant in their stead. However the defendant must still turn up.
A McKenzie Friend can attend court and support a defendant, but the defendant must do all the speaking with the court.
If I've got this wrong I'm happy to be corrected.
No, this is quite correct.
The Lay Representatives (Rights of Audience) Order 1999 says that any person can represent a party in a small claims hearing (but not if it goes to Appeal). The defendant must also be present for this to apply.
McKenzie Friends can be used in any type of hearing, civil or criminal, but are not normally allowed to address the court unless given permission by the Judge.
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 -
Hi there, 1st post so apologies if I'm in the wrong place.
Have received a pcn from parking eye for overstay at a retail park where we made multiple transactions at the ASDA store.
My issue is that I received the letter on sat 4th march. The day of incident was 12 Feb, and it was issued on 21st march.
I will be contacting ASDA to see if they can get the ticket cancelled, but am concerned how much time has passed since getting the letter. Would they have to prove date of postage? Thanks all.0 -
please start a NEW THREAD of ytour own , copy and paste the above query into it and post it
the red NEW THREAD button is top left of this parking sub-forum
then you will get replies to your specific queries0 -
How do you actually set out the witness statement? In the same way as the defence statement?0
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Soddingtypical wrote: »How do you actually set out the witness statement? In the same way as the defence statement?
If you mean the contents, then the NEWBIES FAQ sticky, post #2 might help you out, or do you mean the actual formatting?
Not sure what you're actually asking.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Hello Bargepole,
Your post has been so useful in getting me on track for fighting my claim (details here for anyone who is interested). My only question is there's no mention of sending the defence statement to the claimant's solicitors - is that because there's no need to contact them until the DQ stage?
Many thanks.0 -
I don’t profess to have off-pat court knowledge to answer questions authoritatively, I only know what I pick up here through intensive reading.
But if you read the following, particularly para 15.6, it might answer your question if bargepole doesn’t respond quickly.
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15
Although I sense your confusion having read the sticky links you put in your other thread.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0
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