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Resident Parking

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  • markudman
    markudman Posts: 351 Forumite
    Third Anniversary
    Sir Greg Knight MP

    @GregKnight
    5h5 hours ago
    More
    Delighetd that my Parking (Code of Practice) Bill, which seeks to bring fairness to motorists parking on private property, passes its Second Reading stage in the House of Lords today and is now another step closer to becoming law.
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • markudman
    markudman Posts: 351 Forumite
    Third Anniversary
    Hi got a court date to get judgement set aside, I did not pay for Set aside, due to me being on a low income and on higher rate PIP,
    The court date is middle of February.
    Any advise would be helpful.
    Many thanks
    Mark
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • markudman
    markudman Posts: 351 Forumite
    Third Anniversary
    also 2 tickets are in my wife's name can I defend them or doese she have to?
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • Fruitcake
    Fruitcake Posts: 59,464 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    She will have to defend them if the court claims are in her name, but you can act as a lay rep. You don't need to give advanced warning to be a LR, but you must take a copy of the Lay Rep Right of Audience to show the judge.

    You can find a link to it on the Parking Cowboys website here, along with other useful information.

    https://www.parkingcowboys.co.uk/right-of-audience/
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • markudman
    markudman Posts: 351 Forumite
    Third Anniversary
    How do you address the judge? Sir / Madam, your honour?
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    markudman wrote: »
    How do you address the judge? Sir / Madam, your honour?

    Sir or Madam seems to be the received wisdom.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Fruitcake
    Fruitcake Posts: 59,464 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    markudman wrote: »
    How do you address the judge? Sir / Madam, your honour?

    The court ushers will explain the process and the forms of address when you get there. If in doubt, ask one.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Tomorrow is set aside hearing date
    any last minute advise
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • The Court rules:
    https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

    You must show
    1. You acted promptly
    2. Why you didn't respond to the claim first time round/weren't aware of the claim and
    3.That you have a defence (the test for that, as set out in the commentary to the rules (known as The White Book) are similar to that for defending a summary judgment. That is to say, your prospects of defending must be reasonable - that is not the same as good, but merely "more than false, fanciful or imaginary"

    * A county court judge is ALWAYS Sir or Madam

    *Your Opponent is Mr/Ms Bloggs **BUT** By convention you can conveniently refer to them as "my friend" e.g. turning to my friend's submission that the driver had not bought a ticket... etc. It's a handy shorthand if in the pressure of the moment you forget his/her name!

    * Silences whilst you collect your thoughts are never as long as you imagine they are.

    * Don't speak faster than the judge can write/type. Those notes may be relied upon to find in your favour!
  • Ok so an update on today's court hearing,
    So the first and most important, all case where set aside,
    Judge was fair, she told us both off, but mainly him, (Elms Legal)
    she said the paperwork from Gladstones was incomplete and sent stuff to the court but not to me, she also said that they needed to amend they paper to show my wife as a women and not a man.
    They needed to put vehicle reg's / ticket numbers on the documents.
    she wants the paperwork in 14 days for a trial,
    The Elms man said signage a few times and the judge basically said is that all you got?

    all in all a good day,
    and I so hope the Elms man is there again, I feel I had more argument that him, he may have been asleep?
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
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