HX Car Park Management, Gladstones Letter Before Claim

nosferatu1001

Should suFfice
It’s dintful the C can claim they dint know what their own cop is....

claxtome

Some of my evidence was screenshots of certain parts of the ioc code of practice I think it was. Do I need to attach the whole thing now or is that still suffice?

I think either is ok. I personally would include it all in case you want to refer to any other bits later; maybe in your skeleton.

And do I need to put anything on the ring binder such as case no etc

Case number + name of claimant v name of defendant + date of hearing

System

Good luck if it is still tomorrow

spatel6

How did it go?

Birdo26

Sorry if i didn't make clear the date is tomorrow morning. Any advice or good threads to read through would be great. What sort of questions can i be expected to ask. Also as I think someone mentioned previous, I can inform the courts that morning I am a lay rep?

Umkomaas

I can inform the courts that morning I am a lay rep?

I’ve not read through the entire thread, but are you saying that you are not the person being pursued by the parking company, but you are looking to represent that person?

[Deleted User]

I can inform the courts that morning I am a lay rep?

Let the usher know when you arrive. See para 67 here for the authority (and general guidance to the Courts). https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/judicial-college/ETBB_LiP+_finalised_.pdf

Any advice or good threads to read through would be great. What sort of questions can i be expected to ask.

Can't guide you as to the questions as those will be case specific and, to an extent, will need to be developed on the day.

You can't ambush a defendant with new materials, but I suggest you take the code of practice and copies of any case law that you rely on (all of which they ought to be familiar with). Make a crib sheet of your "killer points" and number them - think of the points you want to take the Court to and in what order. It'll help structure your thoughts - do, however, be prepared to move on to any new point the judge asks you to deal with.

Time is tight, be prepared for you both to be talked at the moment you walk in the room. As the Claimant will usually be represented by an advocate and need to state their case, they will speak first. Remember to take notes so you can deal with their points and dismiss/respond to them in turn.

One of the core issues (even were you to lose) is that the signage will refer to £100 and (in very small print) to unspecified costs on an indemnity basis. Unless and until the Claimant can itemise the actual costs incurred and bearing in mind most of the debt recovery correspondence is nominal fixed fee or no win/no fee based, there is usually no evidence that the bolted on costs of £60 have been incurred at all.

Similarly, if the Claimant has ignored reasonable responses to their letters, even if they win, you may want to invite the Court to disallow the Court costs incurred as part of their discretionary powers for failure to comply with the pre-action protocol. That may not fly, however, when the early correspondence prior to the letter of claim was ignored.

Naturally if you win and the Claimant has been unreasonable you will endeavour to seek the costs uplift provided for at Part 27. If the lay rep and the Defendant are both earners, you should invite the Court to award loss of earnings for both of you.

Birdo26

Thank You, I dropped off a court bundle a few weeks ago as suggested on the last page in a ring binded file. Do I need to take a copy of that whole folder with me as well?

KeithP

Yes you do. You will need to refer to it.

Birdo26

Ta, just had a phone call from the court and they said tomorrow is cancelled due to no judge being available. Will let us know a new date.