£860 Private Parking County Claim - Urgent Help!

Jonathon365

Ok I appreciate the input but yes I'm not confident in arguing it.

I hope my case will be strong enough to win with the points developed here on this thread.

So there's no need for me to complete a prelim matters document to give to the usher? The only thing I can think of is the lack of a contract connecting them to the landowner, but I had planned to just say this when I give my statement (it's included in the WS anyway)

Coupon-mad

You can cover it just by passing the buck to the Judge.

Ask on arrival, that you respectfully would like to raise the question of Rights of Audience. As long as the Judge looks even slightly onside, then ask the rep to explain their Right of Audience to the Judge, and just hand over the Law Gazette article & case law discussed on lots of threads, and by the Parking Prankster.

If the Judge is interested in that and asks if you object to the rep, say yes, as the Claimant has not turned up (nor their Solicitors, nor anyone with conduct of the case in law, who is an exempt person) then you believe the claim should be struck out as the Claimant had plenty of time to prepare and is using a Solicitor but hasn't bothered to turn up or send their Solicitor, nor the person who wrote their 'Witness Statement'.

If the Judge isn't interested at all, move swiftly on to each point of your defence, and also highlight the discrepancies in the other sides' photos, evidence and Witness Statement by a person (their so-called 'witness') who has never even been to the car park!

Finally:

Have you got a costs schedule? Looks like this, take this with you, set out to suit, and if you win, ask for those costs to be ordered by the Judge please:

https://forums.moneysavingexpert.com/discussion/comment/72079752#Comment_72079752

Email a copy to Gladstones tonight (if this hasn't been done already) and take it with you, if you win then claim your parking and travel at least before you leave the room (and missed work if you now work, take a wage slip as proof of your daily rate).

Jonathon365

Right got it.

Raise the point with the Usher saying I would like to raise the question of Rights of Audience as the claimant has not turned up. Then hand him a copy of the law Gazette article and both cases mentioned in that article.

Then during the hearing, the judge may ask if I object to the rep, which I do.

And yes i've got my costs schedule down and just need to print off Oracle my pay slip

Coupon-mad

Tell the Judge at the start that you wish to object to the rep's lack of Rights of Audience, first.

Jonathon365

Thanks all.

One last thing - I have not recieved any letters from them saying that they will in fact not be attending and instead sending a rep.

I'm working on an assumption here from reading around on this Forum.

Am I still right to raise the RoA right away? I'm worried i may raise it but then in fact they could be from the claimant

Lamilad

Ok I've found Lamilad's RoA transcript:

* Are you a solicitors agent?... A - "Yes"
* With Elms Legal?... A - "Yes"
* Is anyone here with you today either from Excel Parking or BW Legal?... A - "No"
* So, no one is here either from the claimant or their solicitors to supervise you?... A - "No"
* Have you ever been refused rights of audience?... A - "No"
* Do you have conduct in this matter?... A - "What do you mean?"
* I have a witness statement here from [name] which says he has conduct in this matter so what is the nature of your involvement in this case and on what authority is it granted?... A - [silence]
* I advise you that i will be submitting this document to the judge requesting that he review and assess your rights of audience before proceding with the case
* [hands over the document] This is not an ambush, it is for your information

I'm sorry I'm finding this tricky to understand. So I say the above to the rep, but what is included in prelim matters that ties this up?

This is not what you're looking for

This is the PM doc which needs to be completed with the details of your case:
https://www.dropbox.com/s/y3kxaj29ue8m2bs/preliminary%20matters.docx?dl=0

Submit it to the usher 30mins before your hearing along with the 2 supporting transcripts:
https://www.dropbox.com/s/7puv7zxo09c1muf/3%20-%20Ellis%20v%20Larson.pdf?dl=0
https://www.dropbox.com/s/y3kxaj29ue8m2bs/preliminary%20matters.docx?dl=0

Paras 2, 3 and 4 of the PM doc deal with witness non attendance. If they haven't written to you and send an advocate then that is a clear breach of the relevant CPR.

Jonathon365

Thanks in the nick of time I completed the doc and have the printed cases.

On the way to the hearin now thank you!!

Umkomaas

Jonathon365 wrote: »

Thanks in the nick of time I completed the doc and have the printed cases.

On the way to the hearin now thank you!!

Good luck. Did you know you can text the BMPA (once you know who the advocate is) to check their credentials before you argue RoA.

I think this is the number to text.

07481 344930

Jonathon365

So they've just turned up and there's 2 of them one named a name I've not seen before but said she is from "the company"

I'm unsure who the other person is.

I've already handed my prelim matters in.

Please advise? Panicking

Jonathon365

I also did not hear her surname so cannot text to find out