Gladstones/LPS - County Court Claim

pkul01

Received letter today Wed 15-Jul-20 (dated 13-Jul-20) from the Court saying:
"IT IS ORDERED THAT
This Small Claims hearing will be heard as a face to face hearing on 22 July 2020 with a time estimate of 90 minutes.
Please note you must arrive 15 minutes before the time set for the hearing to ensure your case is heard promptly."
However, the time for hearing is not stated anywhere in the letter. I will get Dad to email the Court asking for this.
Now that a face to face hearing date has been set, I will arrange for Dad to write letter to the Court saying that a lay representative will be presenting Dad's case. That way I can explain all the details of Dad's WS and Supplementary WS with Dad confirming these, or parts of these, as necessary when the Judge asks him.
We will now start preparing Dad for the Court attendance.
As there is no remote hearing, there was no need to prepare a PDF bundle jointly with Gladstones.
I wonder if Gladstones will attend the face to face hearing on 22 July 2020 as they had informed the Court previously they would not be attending the first face to face hearing scheduled for 03 June 2020 and wanted it heard on the evidence submitted.

Le_Kirk

I would call the court and see if you can find a time - you don't want to be late!  You don't need to inform the court beforehand that you will be a lay rep but understand that Dad must attend with you.  Just inform the usher/receptionist as you arrive and have a copy of the rights of audience document (as some ushers/judges don't understand it).

KeithP

pkul01 said:

Received letter today Wed 15-Jul-20 (dated 13-Jul-20) from the Court saying:
"IT IS ORDERED THAT
This Small Claims hearing will be heard as a face to face hearing on 22 July 2020 with a time estimate of 90 minutes.
Please note you must arrive 15 minutes before the time set for the hearing to ensure your case is heard promptly."
However, the time for hearing is not stated anywhere in the letter. I will get Dad to email the Court asking for this.

I would suggest that the Defendant rings the court and asks for the time of the hearing.
Emails often take some time to be answered - they may not get around to it until after the hearing.

pkul01 said:

I will arrange for Dad to write letter to the Court saying that a lay representative will be presenting Dad's case. That way I can explain all the details of Dad's WS and Supplementary WS with Dad confirming these, or parts of these, as necessary when the Judge asks him.

No need to write that letter.
Just turn up at the appointed time - or a little before - and tell the usher that you will be acting as a Lay representative for the Defendant. Take a copy of The Lay Representatives (Rights of Audience) Order 1999 with you in case the usher/judge queries you.

pkul01

Thanks Le_Kirk and KeithP.
Have been trying to call the Court different times and different days during last 2-3 weeks but just rings and rings and then cuts off. Will continue trying to call them but send he email as well.
Also letter does say that the Judge/Court could re-arrange the hearings for the day as they see fit so if cannot get through by phone or no reply to email then will show up at 09:00 on the day as last resort.

Coupon-mad

Now that a face to face hearing date has been set, I will arrange for Dad to write letter to the Court saying that a lay representative will be presenting Dad's case.

Thirded.  NO.  Why do people think they need to get agreement?

nosferatu1001

If in doubt, first sitting is, to my knowledge, 10am. 

pkul01

Hello Everyone
Just got back from Court where the hearing was set for 14:00.
Both Dad and I arrived 13:40 and waited for the Court usher. We were then taken outside the courtroom and asked to wait. Gladstones sent a solicitor to the hearing who also waited outside. The usher returned and spoke with the the Gladstones solicitor asking if she had her papers as the judge did not have the court file. She said she only had her own papers. Usher then came to us and I said I had prepared a bundle for the Judge and gave this.

We then went into the Courtroom. The Judge said he only received the papers from us a few minutes ago. He said the court files are delayed and this one had been lost during this time .

He then asked the Gladstones solicitor to go first. She started to say that the parking ticket was issued to him and he has not paid. I waited until she had finished before saying that there was no evidence showing he was the driver.

Before I could say anything the judge said he wanted to see the agreement between the landowner and Claimant. He said that unless she could produce this agreement to prove the Claimant was authorised to issue tickets then he would dismiss the claim.

She started looking for it by swiping through her tablet and apologising to the judge that it was taking time as she had about 145 pages. I pointed out the Claimant's witness statement that mentioned the agreement but the judge said he wanted to see the actual agreement. Eventually, she gave up and said she did not have it. The judge dismissed the case.

He asked if there was anything else and I said yes, Abuse of Court process and also our schedule of costs. He then said adding gbp60 to claim was not that significant an amount and that unless we could prove to him that the Claimant has added substantively then he would only award fixed, capped costs. He warned that this was a high hurdle to pass. He then reviewed the CPR rules on fixed costs (I think clause 45) regarding a claim for between gbp25 up to gbp500 and said he would only award gbp50.00 which he did.

It seemed like the solicitor had not prepared well or properly from the little she had said in the courtroom.

Once I receive the Court judgement, I will post it.

Thank to everyone for all your help and advice.

beamerguy

Well done, a win is a win and you did it.

The "rent a legals" are often poorly prepared. Gladstones are failures.

The comments about the fake £60, maybe the judge thought you were after more costs because the fake amount is important as they warrant a strike out

nosferatu1001

A win is a win, but the fixed costs are up to £95 for a half days loss of leave or pay, and that isnt based on the size of claim. 

Umkomaas

As the defendant (OP's father) is 89 years old, there probably wouldn't be any loss of earnings/leave element. The OP (as LR) wouldn't be entitled to anything, so getting £50 is, to me, a bit of a bonus (notwithstanding travel/parking costs on the day).