What actually happens in court tomorrow..

clarinet1981

Hi all,

I’ve borrowed great advice on this forum but have my day in court tomorrow.

GLADSTONES case with euro car parking

I’m not going to go into the details this late but can’t seem to find anything on here about the actual process on the day.

I arrive early and what?

I will have copies of everything I need but I’m confused by preliminary matters, how to address the judge, do I interrupt or wait to be addressed etc...

Is there any advice on this somewhere or do I go with the flow of things.

Apologies if I’m not searching correctly here.

KeithP

Have a look at this short video:

www.youtube.com/watch?v=n93eoaxhzpU

Also, points 6 and 7 in Bargepole's 'what happens when' post linked from post #2 of the NEWBIES thread explains.

clarinet1981

I love this forum.

I suspect Gladstone’s will send a rep and I will challenge right to audience. That seems to appear in other threads as preliminary matters.

How do I get into that conversation. The video suggests the judge will lead us through. Is that enough or do I draft something in advance.

BrownTrout

Which court is the hearing at?
If you are challenging the right of audience make you can articulate it to the court. The judge may well say its at his discretion (as under CPR)
If i were i would judge the mood of the court before you do, you dont want to p*ss the judge off
The Wakins character from Euro often has a habit of turning up if its a west midlands court
always wait to be addressed, dont interupt

clarinet1981

Thanks,

Yes it’s bham court.

Gladstone’s gave the standard “ client may or may not turn up” when serving WS docs.

Good advice RE right to audience. Thanks

clarinet1981

Final question.

I submitted a really bad defence on MCOL before finding all of this help.

My WS is much better but references things not in the original defence that was only a paragraph long. How might that play out?

They’ve also sent the wrong car park map in the bundle. Is that to my advantage?

BrownTrout

Its hard to say, see what the judge makes of
The listings for Birmingham look busy tommorrow!, be prepared for a wait, do come back and advise how you get on
The guy who runs Euro is a nasty character

waamo

clarinet1981 wrote: »

They’ve also sent the wrong car park map in the bundle. Is that to my advantage?

Very much so. It means they have no evidence as to the quantity and locations of any signage.

If you've mentioned the signage being poor in your defence then they have a problem.

clarinet1981

Cheers,

I’ll let you know how it goes.

I am viewing this as a trial as I got three tickets in the car park at work (forgot to put the permit up) and have another hearing in August for the remaining two.

Not the end of the world if I lose but I’m intrigued about the process and have learned a lot from the threads here.

Thanks all.

bergkamp

clarinet1981 wrote: »

They’ve also sent the wrong car park map in the bundle. Is that to my advantage?

That should win it for you on it's own.
How will the hired gun show where the signage was that supposedly created the contract with the driver?
The hired gun will have only got their WS tonight along with yours, so you should be more familiar with the whole case.
Don't accept anything from him in the waiting area before you go in , or when you are in the Court room. It may be the correct map!

In my case the Judge asked the rep for Gladstones about his right of audience at the very start.

The Claimant's rep will go first and set out their case and evidence. Don't interrupt but make notes about what they say so you can rebut it when they finish and the Judge tells you it is your turn.

In my case the Court had lost both WS, so the Judge used mine and a photo copy of the Claimant's! I had extra copies of case law and Schedule 4 that I was quoting, so that made it easier for me.
Make sure you have your cost schedule to hand to the Judge when you win!

Good luck.:)

Snakes_Belly

I would get there in plenty of time. You will go through security and then go into the waiting area. Give your name to the usher who has a list of people attending court.

Be very careful what you say to the Claimant's representative. They will say that it is important to narrow the issues before going into court. Think Private Pike and 'don't tell him'. Most of these people who represent the PPC's are not very good and have barely read the documents. Don't do their work for them.

Be respectful and don't interrupt the judge. I did ask if I could say something at one stage and I was very quickly closed down. They judge has to keep control of the hearing.

Good luck