UKPC/SCS County Court Claim - Help urgently requested

Focus19

URGENT ADVICE REQUESTED RE. COURT APPEARANCE!

Yesterday my mother went to the court to drop off the folder including the Witness Statement and supporting documents, as posted about previously. Unfortunately she apparently had a horrible experience even dropping it off (unfriendly security to negotiate, unhelpful information provided re. where to take it, difficulty finding the office, then difficulty finding someone to accept it, etc.). She eventually managed to do it, but is now refusing point blank to go back there for the court case. Not only is she elderly, but has been in poor health recently and is feeling vulnerable. This whole process has been causing her a lot of stress - even though I have been dealing with 99% of it - and she doesn't want to appear before the court on the given date.

I am okay with going along in her place to represent her, but the guidance given by "EX306 The small claims track in the civil courts" says:

Can I ask someone else to speak for me at the hearing?

Yes. If you do not have a legal representative, you can take someone with you to speak for
you. This person is called a ‘lay representative’ and can be anyone you choose, such as a
husband or wife, a relative, a friend or an adviser. Your lay representative cannot go to the
hearing without you, unless you have permission from the court. [My emphasis]

Please can I get some advice on the best thing to do here! Can my mother write to the court explaining that she cannot attend and ask permission for me to appear in her place? What would need to be included in that letter? I feel sick at the idea of having done all this work and then it all going to waste and my mother having to pay the outrageous penalties anyway.

nosferatu1001

No, you cannot go in her place. You are not legally qualified to do so.

The court cannot give such a permission. It doesnt exist.

You could instead give notice under the CPR to convert the hearing to a paper hearing; this must be done 7 days before, and you must notify the claimant.

Focus19

Thanks for the reply. The paragraph I quoted from EX306 seems to imply that permission can be given, but I see now from CPR Part 27 that there's no allowance for that. We'll send the necessary letter to the court and copy the Claimant's solicitor.

nosferatu1001

Dont do it too soon.
You give GS the chance to send in some extra documents that you wont have time to respond to.

Aim for it to arrive at or just before the 7 day mark.

Focus19

The court date is Monday 8th July, and we're intending to send the letter 1st class tomorrow, so that it arrives on Friday, 28th June.

Thanks for the advice.

Le_Kirk

Focus19 wrote: »

The court date is Monday 8th July, and we're intending to send the letter 1st class tomorrow, so that it arrives on Friday, 28th June.

Thanks for the advice.

Don't forget to ask for a free certificate of posting!

Focus19

Thanks. Will get proof of posting.

Focus19

Quick update and urgent question: I sent the letter re. requesting conversion to a paper hearing to my mother to sign and send, but she's now thinking that she may attend after all, as long as I can go with her to present the legal arguments I have prepared on her behalf.

According to document "EX306 The small claims track in the civil courts":

Can I ask someone else to speak for me at the hearing?

Yes. If you do not have a legal representative, you can take someone with you to speak for
you. This person is called a ‘lay representative’ and can be anyone you choose, such as a
husband or wife, a relative, a friend or an adviser. Your lay representative cannot go to the
hearing without you, unless you have permission from the court.

This would indicate to me that I can, indeed, go along with her so that she can confirm her witness statement, and I can argue the legal points. However, as I can see no mention of this practice in CPR Part 27, I want to double check with the experts here that my understanding is correct, as whether or not she agrees to go will depend on the quoted paragraph from EX306 being correct.

Many thanks for your help.

KeithP

Yes, you can act as a lay representative at the hearing, but the named Defendant MUST also attend.

You can do all the talking but the Defendant may be asked specific questions which she should of course answer truthfully.

Focus19

Many thanks for the quick reply. That's fine and my understanding. I will let her know and she can decide.