Gladstones [Link Parking] - Visitor Parking County Court Claim

Coupon-mad

Do you guys think I was right to push this? Would have liked to have the weight lifted off my shoulders today.

Maybe not then but what's done is done and you got two claims consolidated for the next hearing.

KeithP

Won't the Rights of Audience issue disappear if at the next hearing the Claimant fields a representative that definitely does have that right?

Umkomaas

the Claimant’s Rep raised argument as to why I didn’t mention right of audience prior to the hearing,

I guess because you had no idea who the rep was going to be prior to the hearing. In fact they themselves probably didn't know they'd been allocated to it much before 48 hours prior.

Won't the Rights of Audience issue disappear if at the next hearing the Claimant fields a representative that definitely does have that right?

You would think so, but the solicitors' capacity for screwing things up is legend!

VSOP

Very delayed update - apologies in advance.

This week I had a hearing for the rights of audience claim that was previously adjourned.

The original solicitor (a BPA graduate who is being contracted by LPC who have been hired by Gladstones who have been instructed by Link Parking) and also a qualified solicitor from LPC were in attendance.

The judge went ahead to address the challenges raised by the contracted graduate solicitor previously. I wasn’t taking notes here, but basically the context of being ‘instructed by the Claimant’ was being dissected. To determine whether this solicitor acting on behalf of a Claimant 3 layers away had rights of audience.

To summarise, it was determined that no the graduate solicitor did not have rights of audience. You should have seen the look on her face - priceless. Never seen faces so red.

If anybody could actually help me understand what this means going forward would be helpful?

I know it basically means the graduate solicitor can not proceed to participate in the hearing, but can they just send a direct solicitor from Gladstones or LPC who will be even more qualified (reducing my chances of winning the case!!??

After the hearing was finished, I approached the LPC solicitor and asked for a chat [obviously not in front contracted solicitor who didn’t have rights of audience ]... and I just told him straight, I would recommend you have a chat with Gladstones to reconsider this claim.. I am a resident at this property and the basis of your claims are a joke... he then responded that he understood and he will be discussing with Gladstones.. oh well. My schedule costs are going to be a nice little spanking for these cowboys!!!

Umkomaas

but can they just send a direct solicitor from Gladstones or LPC who will be even more qualified (reducing my chances of winning the case!!??

I guess they can field someone else, but rest assured, ability and qualification are two entirely different entities. Your chances of success are little changed I'd say. In the small claims court cases I've read here, the Judge does most of the talking. There won't be an opportunity for a grandstanding diatribe from a modern day Perry Mason.