county Court Claim Form - VCS Limited parking fine

PrettyKittyKat

Le_Kirk wrote: »

Rights of AUDIENCE you mean!

oops yes, thanks for pointing that out I've updated my post.

PrettyKittyKat

Sorry to post again so quickly, the court case is Thursday so I am just conscious I want to be ready and have the best chance of winning! Having only been in a courtroom for work experience (17 years ago!) and jury service (10 years ago!) it isn't a situation I am familiar with!

I have printed the following...
- The lay representatives rights of audience order 1999
(http://www.legislation.gov.uk/uksi/1999/1225/made) to show when we get to the court so that I can speak on behalf of my husband (director of the limited company that is the defendant). I have done 3 copies just to be on the safe side.
- 3 copies of the costs schedule and CPR rule 27.14 which explains that the costs can be claimed.
- A copy of the letter advising of change in address just incase (although I don't think this is overly relevant).

I know I also need to take the witness statement with the evidence referenced in it. Do I need to take 3 copies of this?

Also, is there anything else you can see I have missed which I should take / prepare?

Thank you in advance for anyone that has the time to reply

KeithP

Have a look at this short video:

www.youtube.com/watch?v=n93eoaxhzpU

Coupon-mad

PrettyKittyKat wrote: »

Also, is there anything else you can see I have missed which I should take / prepare?

Yep, prepare to expose the LACK of rights of audience of the lay rep they send, as that should get your Judge to kick him out and treat the case as if the Claimant had not bothered to turn up.

Unless VCS send an authorised officer/employee from their company, they can't just send someone like Mr Wilkes instead, without VCS the Claimant being there. Similarly to the fact you can't be a lay rep without the Defendant being with you!

It matters not that Mr Wilkes might be legally trained or even a ‘solicitors agent’ or ‘advocate’, not even if the Judge knows him from cases every week, honestly!

Those who turn up to represent a party despite not being qualified to provide advocacy on their own behalf, even unregistered barristers or legal reps not assisting in the conduct of litigation, have NO ROA!

Search the forum for his name and read the court win from last week.

Prepare well, read up on the Law Gazette Article & case law to take (Ellis v Larson, and McShane v Lincoln):

https://nearlylegal.co.uk/2010/09/cant-hear-you/

https://nearlylegal.co.uk/2016/09/solicitors-agents-rights-audience/

https://nearlylegal.co.uk/2017/01/solicitors-agents-yet-no-rights-audience/

https://www.parkingcowboys.co.uk/right-of-audience/

http://parking-prankster.blogspot.com/2014/05/parkingeye-lose-in-court-reason-not.html

You are unlikely to get a Judge like that last one, who knows. But YOU can raise it if confident! After all, it then removes them so they can't be heard...the floor will be yours.

Never agree to an adjournment to allow VCS to turn up next time, obviously point out how this is a serial litigator who knows already that their legal reps have no ROA and they can't have a second bite at the cherry at the expense of your valuable time.

PrettyKittyKat

Thank you coupon-mad.

I think I understand but just to check...

To have rights of audience you need to work for VCS, be a qualified solicitor or barrister, or be employed by a firm of solicitors. If you are not (such as Mr Wilkes or someone self employed paid a fee to attend on VCS behalf) then you only have rights of audience as a lay rep if VCS is also in attendance (which they won't be).

I will listen out to who they send to represent them. At what point would it be suitable to raise this?

PrettyKittyKat

KeithP wrote: »

Have a look at this short video:

www.youtube.com/watch?v=n93eoaxhzpU

Thank you for this. I didn't realise it could be in a room sot hat was interesting and means I won't be surprised if it is!

PrettyKittyKat

Ok, got a file for the judge with a copy of documents ready and a file for myself with the same plus additional notes.

We have to be at the court for 10am but it says we may be called at any time during the day.... wish me luck!

PrettyKittyKat

P.S If anyone is able to advice the best point to challenge the rights of audience of VCS rep I would really appreciate it I don't want to annoy the judge by doing it at the wrong time or miss my chance!

KeithP

Right at the very beginning. After you have all introduced yourselves to each other, ask the judge if you can just mention one small point.

PrettyKittyKat

Well... we lost

I will post the full details up tomorrow.