UK CPM - CCJ issued

hiphop99

KeithP said:

hiphop99 said:

Also - I will be Lay Representative for my wife.

Does she just state this to the judge at the outset? Some places online say that you have to submit a document to the court to do this? Could this be turned down?

As recently as Friday, this post was made:
https://forums.moneysavingexpert.com/discussion/comment/77176028/#Comment_77176028

There is a vast amount of information on this forum. Most of it is easily found.
I found that post by sticking Lay Representative  in the forum's search facility. 

Don't stay on your thread. Look around. See what's going on.

Hi Keith

Appreciate that - However, this is a telephone hearing so I was just trying to understand how this is positioned. 

Le_Kirk

If it is in the same house (i.e. same phone number) just tell the judge at the beginning.  However, it might be wise to inform the court beforehand.   Just so you are forearmed look up rights of audience and lay rep by asking Auntie Google or, as Keith suggests, reading around the forum.

KeithP

Appreciate that - However, this is a telephone hearing so I was just trying to understand how this is positioned. 

OK.

That same search throws up this post - coincidentally, also posted just two days ago on the same thread that I directed you towards earlier:
https://forums.moneysavingexpert.com/discussion/comment/77174243/#Comment_77174243

P.s, I see @Le_Kirk has now repeated that info.

hiphop99

Thanks both

Would really welcome any feedback on the notes I have put together

hiphop99

https://docdro.id/vobKt2I

Coupon-mad

Looks very good to get a mandatory set aside, but I didn't see any notes about the fallback position that even if the Judge is not with you, the court also must consider if there is some other 'good reason' why the CCJ should be set aside (abuse of process, exaggerated quantum, good prospects of defending the case, and that the D acted promptly when discovering the CCJ).

hiphop99

Coupon-mad said:

Looks very good to get a mandatory set aside, but I didn't see any notes about the fallback position that even if the Judge is not with you, the court also must consider if there is some other 'good reason' why the CCJ should be set aside (abuse of process, exaggerated quantum, good prospects of defending the case, and that the D acted promptly when discovering the CCJ).

Hi - I will use my existing defense that I had already submitted as part of the overall bundle. I will make those bullets now.

That is focused largely on the tenancy agreement not mentioning anything related to the parking permit.

Can I also just drop in things like the above - abuse of process, exaggerated quantum - Will I need a lot of detail for these elements?

Really hope Judge is on my side - Lot riding on this.

Johnersh

The notes are fine.  Make sure you're read up on the rules relating to lay representatives, as whilst it's commonly recommended on this forum it's less common in practice.

The ultimate fall back is of course that even if the court isn't with you on the parking charge, the court would not have permitted the bolt on costs.

In any case, you don't need to "win" on the case - you need to show the point is more than merely arguable and (taking from the rules applicable to summary judgment) that your prospects of defending this are more than false, fanciful or imaginary.  Here the claimant makes assertions unsupported by a statement, has no photographs of the original sign or the car and has not attended. Their particulars contain little detail. Its not clear that they will be able to support what they now say.

Finally, if you clear those gates, technically speaking the claimant has probably failed to validly serve proceedings within 4 months of the date the claim form was issued (stamped by the court). If successful in setting aside judgment, I'd be inclined to argue that theclaimant should have to issue a fresh claim if they still wish to pursue this. 

hiphop99

My wife is really anxious about the hearing in that she has said she will speak to the judge to intro me as the Lay Rep but after that, feels way too anxious to do anything else. I really hope she doesn't need to beyond that.

I submitted a strong defense which is obviously separate to the set aside but I will spend some time tonight and tomorrow making notes.

Just to be clear, I can use

- Normal defense regarding my tenancy agreement

- Abuse of process/Quantum of fine - Due to the amount of fine added

- Acted promptly (was 2 months after finding out but had some family issues at the time)

Really hope the set aside goes through smoothly.

henrik777

I'll post more shortly, but i have to be the bearer of bad news.

This isn't a small claims track hearing as the case hasn't been allocated yet. 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27#3.1

Representation at a hearing

3.1 In this paragraph:

(1) a lawyer means a barrister, a solicitor or a legal executive employed by a solicitor or any other person authorised under the Legal Services Act 2007 to act as a litigator or advocate; and

(2) a lay representative means any other person.

3.2

(1) A party may present his own case at a hearing or a lawyer or lay representative may present it for him.

(2) The Lay Representatives (Right of Audience) Order 1999 provides that a lay representative may not exercise any right of audience:–

(a) where his client does not attend the hearing;

(b) at any stage after judgment; or

(c) on any appeal brought against any decision made by the district judge in the proceedings.

(3) However the court, exercising its general discretion to hear anybody, may hear a lay representative even in circumstances excluded by the Order.

(4) Any of its officers or employees may represent a corporate party.

http://www.legislation.gov.uk/uksi/1999/1225/made

Now in many cases it won't matter as nobody will notice or care, especially when the opponent is unrepresented, but if the judge shuts you down they are technically correct.