SIP Court case help

Umkomaas

Just going to do some reading on right of attendance

Right of Audience. Need to have the terminology right to argue the case with credibility in front of a judge.

I understand it can be a tricky one to argue, unless you're fully in charge of your brief.

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 have been searching but getting nowhere in finding this article and case law to print out, I am a bit nervous about if I can do it correct on the day. Also I cant seem to find the phonenumber to text. I promise I am not being lazy, I have been searching for teh last hour

Coupon-mad

The case law (McShane) and the Law Gazette article is here in the 'Prankster Notes':

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

and also here, already downloaded by Matthew87 in his OneDrive, which also includes his 'preliminary matters' document that you can copy/adapt:

https://forums.moneysavingexpert.com/discussion/comment/72489107#Comment_72489107

BMPA phone number to 'check the rep' by text is here:

https://forums.moneysavingexpert.com/discussion/comment/72626808#Comment_72626808

HTH

lafferdog

ok thanks, all sorted I think.
one last question, how do I work out which person outside is the prosecution, is it obvious?

Redx

you need to read other court claim threads that have concluded , that way you get the reports , which make interesting reading with first hand accounts

like this one , that was updated last week and actually answers your question

https://forums.moneysavingexpert.com/discussion/5567539

it may well answer any more that occur to you too

the more you read, the more you learn

good luck

Coupon-mad

how do I work out which person outside is the prosecution

There is no prosecution! This isn't a criminal 'trial' it's one side saying you owe them money and you saying 'no I don't (more like Judge Rinder). No prosecution, not that scary. One defendant earlier this week said 'it was all over in 10 minutes, it was ace!'

Get there early and ask the court usher, when you sign in, to tell you when the other side's rep signs in.

System

how do I work out which person outside is the prosecution

From the BMPA daily list, it looks to be a shedload of SIP Cases at Manchester (7) and 4 others so 11 there in all. There will be more than one Elms Legal people there but the Usher will be able to give you the name of the person for your case. So when you go in to the Waiting Room and give your name, ask for the name of the person representing SIP on your particular case.

Good luck

PS You could be waiting for ages and then having your case over in 5 minutes. So take a book or a magazine.

lafferdog

Hi, I won!

It felt like the judge was searching for something to help me out, in the end it was the fact they didnt have a map of where their signs were. I said there were none by the parking machine or the entrance and had a photo of the machine with no signs. so he used that to throw it out.

thanks so much for the help and effort i would have been screwed without it.

there were 2 in b4 me with sip, it was a member of their staff representing, he seemed to be way out of his depth in the courtroom and I felt pretty confident thanks to the support on here.

thanks again, i can finally relax!!

lafferdog

I tried to get some costs back at the end, but the judge was unsure. in the end he awarded me travel and print outs costs so got £20, not brilliant but it will be the best £20 I ever get.

The lady before me won too, not sure about the guy who was in first.

The judge at the end gave them a slight bolloking about their appeals process saying its ridiculous.

Coupon-mad

lafferdog wrote: »

Hi, I won!

It felt like the judge was searching for something to help me out, in the end it was the fact they didnt have a map of where their signs were. I said there were none by the parking machine or the entrance and had a photo of the machine with no signs. so he used that to throw it out.

thanks so much for the help and effort i would have been screwed without it.

there were 2 in b4 me with sip, it was a member of their staff representing, he seemed to be way out of his depth in the courtroom and I felt pretty confident thanks to the support on here.

thanks again, i can finally relax!!

Hooray! Well done to you!

Could you tell us which Judge and court, please?

:j:beer: