Court Report - Clerkenwell - Defendant Lies In Court And Loses

bargepole

Case No. E7GF0V0Q – PCM (UK) -v- Mr R, before Deputy District Judge Zimmels on 19/03/2019.

Claimant represented by Mr Giru (Elms Legal)
Defendant represented by me.

This was yet another claim from the notorious Heath Parade Colindale, layby, where Mr R had stopped for less than two minutes to adjust his child’s seat in the back of the car, and Mrs Sunglasses had stepped out in front of the vehicle taking photos.

The Judge started by asking the Claimant’s rep to state his case, which was based on the photographic evidence of the D’s car being parked in the layby, allegedly in breach of the terms.

He then wanted to hear Mr R’s version of events orally, and Mr R proceeded to completely contradict what was in the WS which I had prepared, based on the info he had sent me. The Judge asked him to clarify some points, and the Judge wrote it all down. I was squirming at this point, as I knew this wasn’t what his WS said.

The Judge then pulled the WS out of the file, and pointed Mr R to para. 3 “Mr R, you have signed this with a statement of truth. Are you now saying this is a pack of lies?”. Mr R was opening and closing his mouth like a goldfish, while his Lay Rep was wishing he was elsewhere.

I tried to rescue the situation in submissions, citing the forbidding signs, no grace period, and the layby appearing to be part of the public road, but the Judge was having none of it.

He said that Mr R was not a credible witness, and the Claimant was entitled to the full sum claimed, which came to £276.53 with all the add-ons.

Moral of the story: Know what your Defence and WS say, and that you know it backwards, inside out and upside down. Stick to that in court, and if you tell lies or appear evasive, expect the Judge to give you a roasting, and find against you.

BrownTrout

Must have been very awkward for you. Why would someone go to the lengths of having you represent them to then get caught out lying.....

D_P_Dance

Never mind, you cannot win them all. I too recently lost a claim against British Gas, and they too lied, to the Ombudsman.

Half_way

Some people are there own worse enemy's.
Mr R deservers everything he got, just a shame that the scammers will have another trophy for the shelf

onlyfoolsandparking

I feel for you Bargepole that must have been an ordeal! still as the saying goes you can't educate hamburgers, you did your part and posting it here HAS to be a valuable tip for others going to Court.

Guys_Dad

Another lesson learned too. "Always check with your client what they intend to say and tell them they MUST not change their witness statement facts!!"

You would not think a defendant would be that stupid.

bargepole

Guys_Dad wrote: »

Another lesson learned too. "Always check with your client what they intend to say and tell them they MUST not change their witness statement facts!!"

You would not think a defendant would be that stupid.

We had a conversation in the coffee shop half an hour before going into court.

Mr R: Will I be asked any questions?
Me: The Judge, or the other side's advocate, may ask questions about the contents of your statement. Answer truthfully, and stick to what is in your statement.
Mr R: OK, understood.

waamo

You can't legislate for that level of stupid. Darwinism in action