VCS/BW Legal - writing defence

MadHatter752

Coupon-mad wrote: »

You do know about them sending a hired gun advocate, and how to contest Rights of Audience at the hearing on the day, as the first line of attack, to get the rep gagged and the claim struck out?

I have previously saved the Lap Reps Order 1999... are these the grounds I can ask for it to be thrown out

A lay representative may not exercise any right of audience:–
(a) where his client does not attend the hearing;

thanks, as ever.

Coupon-mad

No a Lay Rep is not the same thing. Their 'advocate' may well be a 'solicitor's agent', not employed by BW Legal, not someone with conduct of the case and not a Lay Rep either. But you can argue they have no Rights of Audience under certain circs explained here in a case where a person lost because they didn't know what to say:

http://parking-prankster.blogspot.co.uk/2017/01/parkingeye-win-and-are-awarded.html

Explained by LOC123 (a lawyer), telling you what to print off and take with you to ambush them:

https://forums.moneysavingexpert.com/discussion/comment/72149985#Comment_72149985

Explained also here:

https://nearlylegal.co.uk/2017/01/solicitors-agents-yet-no-rights-audience/


Did you see that the BMPA offer a ''check the rep'' immediate text service to help you check before the hearing, if the rep who signs in has RoA (ask his/her name, make yourself known and talk about his Rights of Audience/your preliminary matters):

http://www.bmpa.eu/court.html

''As a trial, we are offering a "Check the Rep" Text Service. Text your case number, the claimant and the name of the Claimant's representative to 07481 344930 and we'll check the online databases. We offer no guarantees though but you should raise the issue with the judge at the start.''

You would need the Law Gazette and the case law printed out, and (ideally) a preliminary matters document to help you with that. You give one copy of the preliminary matters document to the Court Usher when you sign in, and aim to be half an hour early to suss out who the rep is...and to save any stress of running late/getting through court security/a queue.

MadHatter752

O.k so I won't know whether the person they send fits the bill or not on the day but I can text BMPA number for them to check who the person is...

Then is it up to the DJ to decide whether they qualify as RoA or do I have to have some input?

Everything is getting more and more complicated. I notice on the Parking Prankster links sometimes Lay Reps go along and help... can i get one... how would i go about it? how much would it cost? I don't feel like i can do this alone.

Umkomaas

Read the following about having 'representation' or just 'assistance' at the small claims court.

http://www.thelawforum.co.uk/mckenzie-friend-vs-lay-representative-small-claims-case

Ask the BMPA if they can perhaps help. Much will depend on your location.

http://www.bmpa.eu

Lamilad

What is your court date and which court?

Coupon-mad

You can trust Lamilad, who is asking for a good reason. Beware of others.

MadHatter752

Ok thank you CM. I will be careful.
4th July. Birmingham county court

Coupon-mad

You can do this on your own - you do not need a Lay Rep.

MadHatter752

I wish I felt like i could but it's a minefield! I will get on with my Skele and see how I feel after I have started on that.

MadHatter752

So I am just going through their WS writing notes on everything I want to dispute.... Is it appropriate in a Skele arguement to refer to points I made in my WS... the guy who did this WS clearly has no idea... it is just copied from other WS they have obviously churned out! Makes me feel slightly better!!

What i mean as an example is... they have said their signs are clearly displayed.... can i say.... "I refer you to point ** in the Defendant's Witness Statement and p** of Exhibit ** which clearly show this is not the case.

Something like that?


Also on the email attaching their WS to me, they say the balance due is £270.24... when they served me their DQ ir was £245.24!