CCJ claim, new evidence from claimant 2 weeks from trial

Shauna_Ellen

Hello everyone, I hope someone might be able to help me. This is such a great forum with so much helpful advice which I've been quietly following.

My husband had a pcn about a year ago, he ignored it and the follow up letters and then they issued proceedings early this year. I drafted acknowledgement, defence, correspondence etc. There was, as you would expect, no pre action protocol followed, a terrible set of particulars about 3 lines long and no evidence of e.g. what any signs said or what my husband was supposed to have contracted to do. Happy to provide more particulars if that helps. I requested a lot of evidence which was ignored. It is allocated to my local county court.

Anyway, on we trundle towards trial. They obviously paid their fees, but today, 2 days from trial, Gladstones send out a big wedge of info, responding to all the points in my husband's defence with photos of signs, maps, contracts etc. Its done as a "witness statement" by some employee. Essentially what they should have provided pre-action or at the very least in particulars. But it's not really a witness statement - it contains legal argument for example and comments on process points.

Obviously I'll prepare to respond to it all at trial but is it worth writing to the court now to ask that the judge disregard it? I imagine not but it's very frustrating that they sort of get the last word just before trial.

Also, I'd like to go with my husband as a McKenzie friend (I'm an ex litigation solicitor - he is less used to court although I've been out of practice for 12 years). Anyone know if I should write and request permission now to attend with him? No harm, I guess?

Would welcome thoughts. And thank you in advance for any help!

Shauna

Le_Kirk

Have you filed and served your own/husband's WS? A McKenzie friend cannot speak to the court but can only guide your husband. Did you mean Lay Rep where you can speak on someone's behalf? I believe you can just turn up (both of you of course) and, providing you tell the usher before you go into the court, that should be OK. Look for a thread by CEC16 and read the court report by Coupon-mad, she was a lay rep for the defendant.

Shauna_Ellen

Ah ok, I did mean lay rep. Thank you. That would be better and I will take a look at the court report.

I haven't filed/served a witness statement on behalf of my husband - I assumed it was largely covered in the defence. Too late to do that?

Umkomaas

Obviously I'll prepare to respond to it all at trial but is it worth writing to the court now to ask that the judge disregard it? I imagine not but it's very frustrating that they sort of get the last word just before trial.

[STRIKE]I would complain to the Judge, if only to paint a picture of how unreasonable Gs have been.

Is there anything in their WS you wish to respond to/challenge? If so ask for permission to submit your own supplemental WS.[/STRIKE]

EDIT - I didn't realise you hadn't submitted any WS. Gs have followed the court's directions to serve a WS, albeit late. As you've not followed the directions, I'm not sure I'd be putting my head above the parapet in complaining about Gs.

Also, I'd like to go with my husband as a McKenzie friend (I'm an ex litigation solicitor - he is less used to court although I've been out of practice for 12 years). Anyone know if I should write and request permission now to attend with him?

Are you sure you want to undertake the role of McKenzie Friend - your husband conducting his own case, with you being allowed only to hand papers/notes and whisper advice into his ear, or are you looking to represent him as his Lay Representative, where you present his case to the court? Please Google both MF and LR to check out the full scope of each.

Whichever you wish to undertake, there is no need to write in advance, simply inform the court Usher on arrival and ask that he/she informs the Judge. Make sure you take the The Lay Representatives (Rights of Audience) Order 1999 with you should the Judge be difficult.

Could you tell us which parking firm is involved please?

Shauna_Ellen

You're right, I definitely don't want to be a McKenzie Rep - I wiĺl make the representations and thank you for the advice on taking the relevant order. I'm so rusty.

There are things my husband wants to dispute in the witness statement, but there are also points we would like to respond to in there which are legal/technical points rather than points to which my husband was a witness - (eg claims for solicitors fees, saying the particulars are adequate and they followed the PAP. ) Perhaps I will put them in the covering letter to the Court with request to lodge a supplemental witness statement and the witness statement?

It's UK Car Park Management Limited.

Le_Kirk

Shauna_Ellen wrote: »

I haven't filed/served a witness statement on behalf of my husband - I assumed it was largely covered in the defence. Too late to do that?

It's never too late, whether it will be accepted or not is another matter but a WS also contains evidence so you will be short on that aspect. Only you will know the date by which you have to file and serve papers as it is on the court allocation letter, the one that gave the date. Normally it is 14 days beforehand. If G's only just filed theirs, get one in now (by e-mail if the court will accept it) and, as Umkomaas says, don't draw attention to the lateness!

Shauna_Ellen

Ok thank you (yikes, not sure how I missed this). I will do it now and file it by email.

Coupon-mad

No Witness Statement or evidence wouldn't go down well with the Judge and leaves you only:

- your defence words (no evidence)
- pulling apart their evidence and case, signage being rubbish, etc.
- bringing the Consumer Rights Act Schedule 2 with you, with paras 6, 10 and 14 highlighted, to try to say that the parking charge was in small writing and in breach of that 'unfair consumer notice' law...

...or even if the Judge is not with you on that, the purported 'debt collector' cost of £60 is CERTAINLY not able to be recovered, due to two statute laws and two binding case law (P/Eye v Beavis and P/Eye v Somerfield)...

Also print out or note:

- para 71 of the CRA 2015 places a DUTY ON THE COURT to apply a test of fairness (aided by Schedule 2 and other parts of the Act) even if the consumer has not raised it before.

- the GUIDANCE to the CRA (Google it, a CMA document with a gov.uk URL) says that a consumer notice is NOT exempt from the test of fairness. Just in case the Claimant's rep tries to point to any 'price term' being excused by the 'core exemption' in the CRA 2015 - oh no it isn't, not when it's on a consumer notice and is inherently unfair as they are trying to claim the same costs of £60 TWICE.

Take the Beavis case (only paras 98, 193 and 198) with you too. The point is that the Supreme court said THREE TIMES that the actual parking charge must include the costs of the operation. Hence they cannot tack more costs on for the same letters! See CEC16's thread where you can see how this worked.

All of the above need printing x 4 to hand out & one each for you & your OH.

You only need ONE copy of the Lay Reps RoA Order 1999. To hand to the Usher when you sign in nice and early, to be calm, get some water, and allow time to get through security.

I'm an ex litigation solicitor

Good, you have a chance to rescue this by doing the above, but how the heck did you both miss the directions about WS and evidence, on the back of the letter telling you about the court date? Rhetorical question, so let's rescue this now.

Shauna_Ellen

I know, I know, to be fair I've been in hospital for quite some time over the last fortnight. And yes, I wouldn't mention I'm anything but the defendants wife - but thank you for the reminder

I'll read the thread now. It's not so much the £60 we care about, it's the other £200 they have added in fees on top.

KeithP

Your thread title says:

CCJ claim, new evidence from claimant 2 weeks from trial

Your opening post says:

... today, 2 days from trial, Gladstones send out a big wedge of info

Two days, or two weeks? Which is it?

Coupon-mad

Shauna_Ellen wrote: »

I'll read the thread now. It's not so much the £60 we care about, it's the other £200 they have added in fees on top.

You've missed the point, the £60 I am talking about IS the costs added on top, NOT the initial discount.

When is your hearing, you may have more time to rescue this than we realised.