DQ Advice

BWilkinson95

Hi all,

I’m just after some advice! I’m filling in my DQ and I’ve read the thread which has some great advice on there, but I just have a couple of technical queries. 

D1 asks which County Court hearing centre you would prefer the small claims hearing to take place. Forgive me if this is a stupid question… but what is the difference between a County Court and a Magistrates Court? When I’m searching for a county court near me, I’m only finding Magistrates, and a Justice Centre. Do I have to look further afield or is a County Court also called something else? (Sorry, I really have no clue when it comes to Law!!)

My second question is; D3 asks about witnesses including yourself. When I first challenged this issue with First Parking (and the University grounds where I was parked - I’m a student there), the University told me that they would support me challenging it if I could get someone from my school to support me. So the head of Humanities wrote me a statement asking for the fine to be waived on a technicality (because of the circumstances - I was given a PCN on the day I collected my permit, which I had already been awarded). Of course the University then decided they couldn’t get involved… but regardless, I still have that statement from the Head of Humanities, and if I were to use that in my defence, would that mean he classes as a second witness? Or not, because it is a written statement produced at the time of the incident (October 2018). I’m just wondering if I should put down there is one witness (myself), or two (myself, and the head of Humanities due to his statement).

Again, sorry if these are stupid questions, I just want to get it right so I don’t end up in more mither!

Thank you all in advance ☺️

Redx

1) magistrates court is for criminal prosecutions etc , plus driving offences , crimes , nothing to do with Civil court matters

A justice centre may be correct , look for the word civil court or similar , if in doubt put that one and the CCBC will allocate your nearest civil court

2) that question is really about how many people , excluding you , will attend , because they need to know how big a room will be required , but these days it's all remote hearings anyway , so put 2 or 3 or whatever , small numbers are ok , but if you had 50 it would matter

BWilkinson95

Redx said:

1) magistrates court is for criminal prosecutions etc , plus driving offences , crimes , nothing to do with Civil court matters

A justice centre may be correct , look for the word civil court or similar , if in doubt put that one and the CCBC will allocate your nearest civil court

2) that question is really about how many people , excluding you , will attend , because they need to know how big a room will be required , but these days it's all remote hearings anyway , so put 2 or 3 or whatever , small numbers are ok , but if you had 50 it would matter

Thank you for this!

So if I just use the Teacher’s statement, rather than ask him to come to the hearing, I would just put one witness?

Thank you for the help, I really appreciate it!

Redx

Probably , but add say 2 as the number for now , it will be months before any remote hearing in court

His WS can be added to your WS bundle before the hearing , telephone hearing or teams or similar

Coupon-mad

I would put 2 at this stage and see how it pans out.  You won't be held to it!

bargepole

Forgive me if this is a stupid question… but what is the difference between a County Court and a Magistrates Court?

Civil claims, that is claims for a sum of money, are heard in the County Court. Criminal charges, where a person is being prosecuted by the Police / CPS, are heard in the Magistrates' Court - anything from a speeding offence to murder, although the more serious crimes are then sent up to the Crown Court.

In some towns and cities, the two courts are located in separate buildings, whereas in others, they are in different parts of the same building, usually referred to as the Combined Court Centre, or Justice Centre.

At my local venue, the Law Courts at High Wycombe, the County Court is on the ground floor, and the Magistrates' Court is on the first floor. You can usually tell which one people are going to when they arrive; those with a suit and tie are mainly downstairs, whereas those favouring a hoodie, jeans and trainers are heading up the stairs.

Fruitcake

bargepole said:

Forgive me if this is a stupid question… but what is the difference between a County Court and a Magistrates Court?

Civil claims, that is claims for a sum of money, are heard in the County Court. Criminal charges, where a person is being prosecuted by the Police / CPS, are heard in the Magistrates' Court - anything from a speeding offence to murder, although the more serious crimes are then sent up to the Crown Court.

In some towns and cities, the two courts are located in separate buildings, whereas in others, they are in different parts of the same building, usually referred to as the Combined Court Centre, or Justice Centre.

At my local venue, the Law Courts at High Wycombe, the County Court is on the ground floor, and the Magistrates' Court is on the first floor. You can usually tell which one people are going to when they arrive; those with a suit and tie are mainly downstairs, whereas those favouring a hoodie, jeans and trainers are heading up the stairs.

Is that what judges and barristers favour these days? 

Umkomaas

whereas those favouring a hoodie, jeans and trainers are heading up the stairs.

You forgot the Pot Noodle stains!