Preparing defence for County Court

Lamilad

Op - I've replied to the comment you made on the RoA thread earlier

MA61

Got the witness statement, finally, and no mention of anyone but the claimant attending, so that will be my first line of defence

MA61

safarmuk wrote: »

For not try not to get hung up on RoA ... when you get home let us know what is in the post. People are on here late at night who can help you so when you get home get on here and post and bump your thread up to the top asking the pertinent questions you need answered.

When is your court date?

Thanks. Court is in the morning.

Enclosed in the papers I have been sent:

• Witness Statement
• Agreement authorising Company to manage parking on relevant land
• The sign
• Noties
• Photographs of incident

And copies of previous correspondence.

Witness statement relies on ParkingEye vs Beavis.

It contends that
1) the PoC contained sufficient information for Defendant to be aware of what claim relates to:

• Date of Charge
• Vehicle Reg
• PCN number
• Amount outstanding
• That it relates to parking charges
• That it is debt

2) that a LBC was sent which contains:

• Date of Charge
• PCN number
• Location of charge
• Amount outstanding
• The claimant
• That the balance relates to unpaid parking charges

MA61

Lamilad wrote: »

Op - I've replied to the comment you made on the RoA thread earlier

Thank you! That's really helpful.

One question - should I be presenting these points orally or is it worth submitting these arguments on paper on the day? Forgive my ignorance but I am unaware of the protocol here.

Coupon-mad

As well as you, Jinxycat and stephthechosenone and Jack Basta, are all in small claims court tomorrow too.

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.

MA61

Coupon-mad wrote: »

As well as you, Jinxycat and stephthechosenone are both in small claims court tomorrow too.

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.

Wow, that's really helpful! Is it this I need to print out, as this is the article I have been reading:

https://www.lawgazette.co.uk/law/right-of-audience/57199.article
The case law referred to in that article is D vs S (Rights of Audience) [1997] 1FLR 724 - is that what you mean?

Presumably I give the copy of the preliminary matters to the usher but keep the hard copies of the above docs to refer to during the hearing?

Coupon-mad

The case law is McShane v Lincoln, mentioned here in a tale what NOT to do:

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

McShane v Lincoln, print it out - and get some sleep (who am I to talk?!):

http://www.civillitigationbrief.com/wp-content/uploads/2016/09/click-here-to-see-case.pdf

Presumably I give the copy of the preliminary matters to the usher but keep the hard copies of the above docs to refer to during the hearing?

Yes and raise it first, and only give up if the Judge really starts looking daggers at you, not if he/she seems disinterested and knows the rep. You can still win on RoA, if it's a hired gun rep.

PublicanPaul won his case this month, despite the Judge mithering that 'the rep is OK' at first, then PublicanPaul pushed the point:

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

MA61

Coupon-mad wrote: »

The case law is McShane v Lincoln, mentioned here in a tale what NOT to do:

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

McShane v Lincoln, print it out - and get some sleep (who am I to talk?!):

http://www.civillitigationbrief.com/wp-content/uploads/2016/09/click-here-to-see-case.pdf

Yes and raise it first, and only give up if the Judge really starts looking daggers at you, not if he/she seems disinterested and knows the rep. You can still win on RoA, if it's a hired gun rep.

PublicanPaul won his case this month, despite the Judge mithering that 'the rep is OK' at first, then PublicanPaul pushed the point:

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

Thanks for this, yes am crashing out now. One last thing please (sorry, to be Columbo) - is it worth including in preliminary matters that there is no mention in the witness statement that the claimant will not attend? I need to reference relevant legislation but too tired - its one of the PDs I think will look up in morning. Also, it was sent on 23 May (and is dated as such), which means that some Act (which I will reference when i am more awake) means it's considered as being received on 25th, only 6 days before hearing

MA61

Sadly due to my own lack of preparedness / time, I have been unable to research a defence to the substantive claim, however after non-appearance of claimant and RoA, my next line of defence is that due to the claimant's non-compliance at various stages I have been denied a fair right to defend the claim. Fingers crossed...

MA61

Hi all, the short version is - the claim was dismissed and I was awarded £95 costs. Just enjoying a Spoons breakfast and a pint of ale. Its 5 o'clock somewhere, right?