SIP Court case help

lafferdog

My court date is next week, I submitted my Witness statement all fine.
I just called court to see if the claimant had as I havent received anything from them and they say that nothing has been sent.

Is there anything I need to prepare for the court hearing next week??

Coupon-mad

Two things:

1. Prepare a costs schedule (example in the NEWBIES thread) and in it, ask for punitive costs, because this claimant has brought a wholly vexatious and unreasonable claim then not even bothered to file a Witness Statement, relying on sparse particulars and no evidence.

An example of how to ask for those costs under the CPR, is in a post by LoadsofChildren123 that I think I linked near the costs schedule example in post #2 of the NEWBIES thread.

You must file the costs schedule no later than a couple of days in advance, and copy in Gladstones, and keep proof that you did send them the WS (you must have sent them a copy?) and the costs schedule (print off the sent emails and even better copy yourself in or mark it for a 'read receipt').


2. Read up on how to challenge the possible lack of Rights of Audience of the solicitor's agent or barrister who Gladstones throw at this case on the day. The BMPA are offering a trial text service where you can text the name of the rep who turns up and find out if they appear to have RoA (ask them outside of the court, who they are, how they spell their name and what Rights of Audience do they have - and don't believe them if they mutter something about 'I am a solicitor/barrister' or 'I regularly appear at this court, and have never been challenged before').

This is a bit complicated to get your head around, but IS worth it because their rep can actually be barred from speaking, and then you can go for the jugular and object that the claimant hasn't sent anyone with RoA, nor a witness, so the claim should be struck out.

Game over, if so, like Publican Paul on pepipoo did at Brighton court, despite the Judge grumbling at first 'oh that rep is OK, they often appear here'! That newbie poster learnt about and prepared that line of attack, last minute with just days to go:

http://forums.pepipoo.com/index.php?showtopic=113246

Search the parking forum for 'Audience' and read where people have done this before, and find the Parking Prankster's blog about it with links to the Law Gazette Article, and the relevant case law, to print out and hand to the Judge as a preliminary matter to raise on the spot, before any other discussion about anything.

lafferdog

Coupon-mad wrote: »

Two things:

1. Prepare a costs schedule (example in the NEWBIES thread) and in it, ask for punitive costs, because this claimant has brought a wholly vexatious and unreasonable claim then not even bothered to file a Witness Statement, relying on sparse particulars and no evidence.

An example of how to ask for those costs under the CPR, is in a post by LoadsofChildren123 that I think I linked near the costs schedule example in post #2 of the NEWBIES thread.

You must file the costs schedule no later than a couple of days in advance, and copy in Gladstones, and keep proof that you did send them the WS (you must have sent them a copy?) and the costs schedule (print off the sent emails and even better copy yourself in or mark it for a 'read receipt').


2. Read up on how to challenge the possible lack of Rights of Audience of the solicitor's agent or barrister who Gladstones throw at this case on the day. The BMPA are offering a trial text service where you can text the name of the rep who turns up and find out if they appear to have RoA (ask them outside of the court, who they are, how they spell their name and what Rights of Audience do they have - and don't believe them if they mutter something about 'I am a solicitor/barrister' or 'I regularly appear at this court, and have never been challenged before').

This is a bit complicated to get your head around, but IS worth it because their rep can actually be barred from speaking, and then you can go for the jugular and object that the claimant hasn't sent anyone with RoA, nor a witness, so the claim should be struck out.

Game over, if so, like Publican Paul on pepipoo did at Brighton court, despite the Judge grumbling at first 'oh that rep is OK, they often appear here'! That newbie poster learnt about and prepared that line of attack, last minute with just days to go:

http://forums.pepipoo.com/index.php?showtopic=113246

Search the parking forum for 'Audience' and read where people have done this before, and find the Parking Prankster's blog about it with links to the Law Gazette Article, and the relevant case law, to print out and hand to the Judge as a preliminary matter to raise on the spot, before any other discussion about anything.

I am not sure I will be confident enough to challenge or bring up papers in court, more likely to !!!! it up. But I will read as much as I can and see if I can work it out. Is there any paper work other than my original documents and witness statement I need to take? And the cot schedule of corse.

lafferdog

should I be worried about walking out next week with a massive fine?

Coupon-mad

Your evidence that you filed with your WS, to prove your case? You can't just go along with your defence and Witness Statement & costs. As I said, you need your evidence filed:

What evidence have you got to submit with the WS? Photos of the unmarked/unsigned area? IMHO you need them urgently, and/or a video would be good.

Re the RoA, you would not be 'challenging or bringing up papers'. You would be texting the Rep's name, to the BMPA, and getting a text back telling you if they think the person has no right to speak - you would be MAD not to then raise that huge point!

Publican Paul managed it, all you need is the Law Gazette & case law...you can read up on it. Not that difficult, can't be mucked up. If the Judge isn't interested at all and refuses to ask the rep about their RoA, when you politely ask, then move on.

Arrive half an hour early to get through security, and don't chat too much with the rep, just get their name. They will try to hand you documents or talk you into settling - take NOTHING from them on the spot. Nothing.

lafferdog wrote: »

should I be worried about walking out next week with a massive fine?

I don't think you are following what this is about. That's impossible. This isn't a fine and can't get 'massive'

You MUST understand the issues, please read what I've told you to read, or I will consider that you have decided not to take our advice, and if you lose, you will be the first in a year (but would not have been 'coached' by us, if you are not listening then it's all down to you). I've told you how to win.

What evidence did you file? Did you serve a copy to Gladstones with the WS?

lafferdog

Coupon-mad wrote: »

Your evidence that you filed with your WS, to prove your case? You can't just go along with your defence and Witness Statement & costs. As I said, you need your evidence filed:



Re the RoA, you would not be 'challenging or bringing up papers'. You would be texting the Rep's name, to the BMPA, and getting a text back telling you if they think the person has no right to speak - you would be MAD not to then raise that huge point!

Publican Paul managed it, all you need is the Law Gazette & case law...you can read up on it. Not that difficult, can't be mucked up. If the Judge isn't interested at all and refuses to ask the rep about their RoA, when you politely ask, then move on.

Arrive half an hour early to get through security, and don't chat too much with the rep, just get their name. They will try to hand you documents or talk you into settling - take NOTHING from them on the spot. Nothing.



I don't think you are following what this is about. That's impossible. This isn't a fine and can't get 'massive'

You MUST understand the issues, please read what I've told you to read, or I will consider that you have decided not to take our advice, and if you lose, you will be the first in a year (but would not have been 'coached' by us, if you are not listening then it's all down to you). I've told you how to win.

What evidence did you file? Did you serve a copy to Gladstones with the WS?

In my witness statement I had photos of the badly marked area, and the rest of the carpark to show that it was not marked out at all, and copies of my letters to and from them and the ticket itself.

I sent gladstones and sip a copy of the WS by email last week.

I will do my best to read up on ROA and will send the text, I just cant picture what I need to do and where to sit or how to approach the judge and stuff, never been in this situation before. I am sure more reading will help, just a bit daunting.

lafferdog

I will file my costs this week, that should mean technically everything is submitted and in order?

Coupon-mad

Yes indeed.

Why not read other people's court reports about what happens on the day?

I added one (a pepipoo post) only this week to the links in post #2 of the NEWBIES thread, and he gave some tips about what to expect.

lafferdog

I got my witness statement from Gladstones, is it worth me scanning it and posting it on here?

System

I got my witness statement from Gladstones, is it worth me scanning it and posting it on here

The contract might be useful but the text will be a template.

Are the pics date stamped. Are the pics of the signs real pics or have they put up a facsimile of the sign they say was there on the day. Is there a site plan and does that match the reality.

Often you will find if you check there are issues with timestamps. The signs don't represent those that were actually there (check Google Street View) as is the number and location of the signs they say were there.