Please help!Letter from Newlyn

Le_Kirk

If it is an actual court hearing you just turn up on the day and tell the court usher you will be lay rep.  No need for pre-organisation but it might be worth looking at the legislation behind lay-repping and the rights of audience so you can speak knowledgeably to the usher.  If it is a telephone/video/Skype hearing (if we are still in that scenario when it comes to the court date), probably worth telling the court (when one is allocated) so the technologies can be lined up.  You don't need to put it on the DQ.

nikkietoni

thanks so much for your help really appreciated. Will just wait for the date of next hearing now... reading through on here could be 20+weeks so will let you guys know when it is x

Coupon-mad

I lay rep quite often in Sussex.  There is NO permission needed, you just rock up together (the D MUST attend with you) on the day and have a copy of the Lay Representatives Rights of Audience Order 1999 with you and tell the Usher you are the lay rep.  Easy!

You are NOT a witness.  Nothing about you goes on the DQ.

nikkietoni

thanks coupon mad all sent off with all your help on here. I know so much more now and all your newbies stickies are such interesting reading .. So much knowledge abounds .. who  would know these horrendous parking companies would fight till the ends of the earth to try to win with their solicitors !!!! Over vulnerable people who do not have the same privilege of legal representatives! But thank god for you guys ion here giving up your precious time to help . Heroes everyone of you. 

nikkietoni

Hi update!!!
To  all on here who helped myself and my daughter we thank you so much...
 Seems so long ago when I last posted..16th May! Had got some papers from the court recently which I did not understand and she had until about 22nd September to complete them. No date was given for the hearing though. However in the meantime my daughter got an e-mail from Horizon's solicitors- Gladstones.. to say that "Dear....we act for the Claimant.Please find attached our Client's notice of discontinuance. This matter is now concluded" along with a Notice of discontinuance sent to the County Court. I presume this is them saying they are not fighting anymore.
So victory.
Was worth fighting even with all the stress involved. When you know you are in the right and an injustice has been done please fight it! The parking company backed down in the end.. 
So we got the CCJ cancelled and the Parking Ticket cancelled. All she paid for was the original court case re CCJ which was £215... t is a shame she had to pay this as it was Horizon's fault and incompetence but at least all over now.
Thankyou again..heroes all . also maybe reading this will  help others on the forum xx 

KeithP

I've not re-read your thread but didn't the Order following the set aside state that the Claimant should pay that £215 (is it not £255?) to the Defendant if the claim was discontinued?

If so, write to the court to get the planned hearing changed to a Costs Hearing where the Claimant is ordered to repay that money.

Well done with the perseverance. An excellent win.

Umkomaas

Thanks so much for feeding this back to us. It's one of the drivers that keeps us coming back to help. You perhaps won't believe the numbers who simply take all the efforts complete strangers put into helping them resolve their problems for granted (like it's some sort of entitlement), then simply disappear with an 'I'm alright Jack, f*ck the rest of you'!

nikkietoni

Thanks Umkomaas I always try and remember to update.. I know it helps others and shows gratefulness
 and Keith P...thankyou! So much It was £215 as she got reduction as we competed a finance form for a reduction. .. I will look into what you said indeed and let you know the outcome x

Coupon-mad

Yes the D should write to the court anyway and ask for her costs from the CCJ hearing that was won, as the D understands that costs were reserved and now the C has discontinued.

Nothing to lose by saying that...worst that can happen is the court replies that costs were not reserved (use my words 'I understand that').

Well done, what a slog!  ANOTHER ONE BITES THE DUST!

Just to add if you haven't done your replies to the MHCLG consultation yet, PLEASE can everyone read the cover letter.  Yes, the cover letter.  If you agree with the exempt activity listed there, please put in your own words what you think should be added into the Annex about EXEMPT ACTIVITY. 

Also comment about the level of parking charges...again, your own thoughts of course.  

nikkietoni

As recommended by KeithP and coupon-mad my daughter wrote to the court and asked for a refund of the costs> My daughter paid £215 as she did receive a £50 discount being a single parent etc.
This was her letter to the court: 
"Dear Sirs I enclose letters from Gladstone's solicitors representing Horizon Parking Ltd stating that a Notice of Discontinuance has been filed at the Court and the matter is now concluded.
This was following a CCJ hearing which was won by myself the Defendant and I understand that costs were reserved and now the Claimant has discontinued I would like to ask that my costs of £215 are refunded.
The draft statement submitted stated "Should the claimant discontinue the claim after the CCJ is set aside paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £215."
She received a e-mail reply which we do not understand and please could anyone help with this?

Dear xxx 
Thankyou for your recent complaint received XX I am the Team Leader and I am writing in response to your complaint. 
Judicial Decision
After referring your file to the Judge regarding a cost order I have been advised to respond to yourself the following:
"There is no costs order, the highlighted document on file refers to a draft order only. However, the defendant is invited to write to the court within 14 days in relation to any claim for costs pursuant to CPR 38 in light of the claimant discontinuing the claim"
As soon as you can action this decision made by the judge I will re-refer your file to the Judge we we can take the next steps regarding this matter.

yours sincerely 
HMCTS
Please help ... what to reply and what it means please
Thankyou