County Court Papers / Smart Parking

Le_Kirk

Beechy74 said:

Coupon-mad said:

You can't show the advocate's phone number & name here.

Sorted, cheers. 
So i take it my next step is to send to the court what Gladstones have sent me, the documents for the case, covering email and request a telephone hearing? Obviously they haven't come back with a figure for a settlement, so on we go....

It seems that your order states that THEY should send to the court any documents if they are not already in the possession of  the court.  If Gladstones have only sent them to you, you need to send then to the court along with your documents.  If Gladstones have set them to the court, you just need to send your own.  Maybe you need to contact Gladstones and see that they have done/sent.

Coupon-mad

Why is the D having to do what the C has been ordered to do?

Le_Kirk

Coupon-mad said:

Why is the D having to do what the C has been ordered to do?

I think the order from the court is confusing, it states that both parties must contact each other, decide how they want to have the case played out and then THEY (whoever they are) must send the bundle to the court.  It is unusual but I am suggesting the defendant makes sure that the court gets the bundle, hence suggestion to contact Gladstones.

Beechy74

Coupon-mad said:

 send to the court what Gladstones have sent me

Not if you mean their WS and documents for the case, no.  It's up to Gs to have filed them already and it's up to Gs to have replied to that Order, not for you to collate their stuff.

Tell the court what YOUR position is (if a telephone hearing doesn't suit you because of being a keyworker then say so!) and state/fill out what your phone number is (ONLY if you want a phone hearing) and make sure you have filed & served your WS and evidence in good time to the court and Gs.

Ok, thankyou for all your help and everyone elses. We really appreciate it. The 10 day deadline will be tomorrow, so i'll do everything tonight so theres no sweating. 
Thanks again,

Beechy74

Good evening,
A little update ;- The case will go ahead next week via a telephone hearing.
The defendant decided he was going to represent himself but now wants myself to speak on his behalf again. However, is that too late? Its not on any file sent to the court that he will be represented by somebody else.
Cheers

DoaM

The Lay Representatives (Rights of Audience) Order 1999

As long as the judge is made aware at the start of the hearing then they cannot object to you being the lay rep.

nosferatu1001

No, it's not too late. Yours. A lay rep. You just need to make sure you can be included on the call, only you know what you need to do with that. 

Coupon-mad

Make sure their phone number is now provided as well, to whoever is arranging the phone hearing.

Beechy74

Thankyou guys. 

Beechy74

Good afternoon all,
The hearing went ahead as scheduled at 10:00 and we won! So first and foremost, thank you everybody that contributed. I really cannot state how much we appreciated all the help.

There was myself, the defendant and the rep for Gladstones/Smart Parking.

Within 30 seconds, the Judge had dismissed the £276+ hiked up fee, saying it cannot be justified to charge more than the £100 stated on the signage. How can you possibly charge that much? It doesnt state anywhere on the sign you can do that. The two main issues that went in our favour was the evidence from the Hotel stating they do allow Taxis to park free of charge if they hand over their registration. The claimant could only say we have to take the drivers word for that.
 
The second main issue was the evidence we provided could not be questioned by the Smart Parking witness because they werent present and they have had plenty of time to counter our argument previously and had not submitted any evidence previously to argue against the evidence. 

The Judge dismissed the case. Anyone in the same boat thats reading this, its well worth all the reading and effort. 
Lovely Jubbly. 
Thank you everyone.