County Court Claim by SCS and UKPC

FutureTrunks

Coupon-mad wrote: »

That's exactly right - Judges will try to brush it away thinking you are being a bit dim, but of you have the case law & Law Gazette with you, then push it a little and say you believe they DO NOT have RoA and you consider this a vital preliminary matter if the Judge will give five minutes to it please.

Whether they have seen the rep in their court before or not is not relevant, all that mean is no Defendant has brought the case law with them before.

Obviously do not pee the Judge off...be very aware and very polite.

Take a wage slip as proof of your loss of leave/salary as well.

What would be the best way to find out if the rep has RoA, would I find out their name from the usher and look up their details?

Coupon-mad

Ask the rep 'are you a solicitor/barrister?' and whatever their answer, ask if they ACTUALLY WORK for SCS Law or UKPC as an employee, or are they freelance/working for Elms Legal or similar?

A rep may even be a barrister or solicitor but if not employed by UKPC or the legal firm running the case (SCS Law) then they have NO RoA.

Self employed? No RoA.

Expect your Judge not to know this - and maybe they might even know the rep and say ''he's been here lots of times''. Shocking, isn't it!

FutureTrunks

Coupon-mad wrote: »

Ask the rep 'are you a solicitor/barrister?' and whatever their answer, ask if they ACTUALLY WORK for SCS Law or UKPC as an employee, or are they freelance/working for Elms Legal or similar?

A rep may even be a barrister or solicitor but if not employed by UKPC or the legal firm running the case (SCS Law) then they have NO RoA.

Self employed? No RoA.

Expect your Judge not to know this - and maybe they might even know the rep and say ''he's been here lots of times''. Shocking, isn't it!

Shocking to say the least! So when I get to the court, and I'm asked whether I want to meet the rep, I should say yes? I thought I would try and avoid all contact with them initially

Coupon-mad

I say shake their hand and ask who they are (and the rest, about who employs them).

That is ALL.

If they ask ''do you want to discuss a settlement to avoid the court room'' or ''can we talk in that side room?'' that answer is ''no''. And no accepting paperwork from them.

If they ask ''what are your main points of defence?'' tell them to read the papers they were given this morning by the Claimant, and that you have proof with you that you sent all your evidence & WS to the claimant so no pretending they haven't been served...

FutureTrunks

Thanks Coupon-mad, I have to say I am getting a little nervous, any other tips you could give me?

KeithP

Have you seen this short video?...

www.youtube.com/watch?v=n93eoaxhzpU

Umkomaas

Some legal reps have been hapless specimens. Almost every rep has only received the paperwork that day and is inadequately briefed.

Getting a rep gagged via RoA will likely see the Judge assume some of the rep’s role putting across the PPC’s argument so that both sides of the issue can be explored. The Judge will have had the paperwork to study for much longer than the legal rep.

I know which one I’d like to argue my case against.

As with all this stuff, there’s no black or white answers, just various shades of grey (possibly 50 of them!) - so my ‘take’ on this is, well, my take on it - offered as something to consider!

FutureTrunks

I have another question, UKPC have attached a witness statement from a security manager at my uni where this PCNs were issued. At the end of the statement it says that UKPC are authorised by the landowner to issue PCNs. All of the documentation I have seen so far is signed by the security manager, but not by the landowner directly. Is this a point I can raise with the Judge?

KeithP

FutureTrunks wrote: »

I have another question, UKPC have attached a witness statement from a security manager at my uni where this PCNs were issued. At the end of the statement it says that UKPC are authorised by the landowner to issue PCNs. All of the documentation I have seen so far is signed by the security manager, but not by the landowner directly. Is this a point I can raise with the Judge?

Yes of course.

And if the Security Manager doesn't attend court, you can suggest that his WS is hearsay - pointing out that you would've liked to ask him for some proof beyond the Security Manager's assertion, that UKPC are authorised by the landowner to issue PCNs.

beamerguy

FutureTrunks wrote: »

I have another question, UKPC have attached a witness statement from a security manager at my uni where this PCNs were issued. At the end of the statement it says that UKPC are authorised by the landowner to issue PCNs. All of the documentation I have seen so far is signed by the security manager, but not by the landowner directly. Is this a point I can raise with the Judge?

My questions would be ..... does the landowner know the security manager has authorised the contract.

Has the landowner agreed that UKPC can take people to court

Does the landowner know that UKPC offer deals ? meaning the security manager could be paid for every ticket that payment is received.

Does the landowner know that UKPC were previously banned by the DVLA for FRAUD ?

These are questions to the landowner