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How can i represent my dyslexic mother.

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Hi there, my mum has been handed a county court claim form which i have filed an AOS for and am preparing a defence. She is dyslexic and has anxiety which will inhibit her from representing herself effectively. Does anyone know if i can represent her and the steps i need to take in order to do this. I called the court and they offered minimal information but referred to a power of attorney form - is this correct?

Also, in relation to the template defence, am i right in assuming that the only parts of the defence which need to be edited are #2 and #3?

The details of the case are that the parking machines were not working (photographs were taken) and whilst you were able to pay online or by phone my mum did not know how to do this. We attempted to appeal but they rejected it. I filed for a SAR but they sent back minimal information - they did not include a pdt machine record or a copy of the transactional and error logs from that day. 

Any urgent help would be grateful as the defence must be filed by the 12th and I really appreciate what you guys do on here. 
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Comments

  • Write all the defence yourself, fill in the forms yourself, just get your mother to sign anything that needs a signature. Nobody needs to know anything at this point, if may not even get to court 
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 7 February 2022 at 3:02PM
    It won't be the 12th because it's a weekend , so more like the 14th at 4pm

    What is the issue date from the claim form and the date that the AOS was done ? The MCOL claim history will tell you , copy and paste it here below

    Which parking company ? Which lawyer ? ( If any )

    Yes only paragraphs 2 and 3 are adapted , nothing else

    If it's all in her name , you can assist her as a helper , her P A , and can act as lay representative as well , but she must be present in court , where you can be her lay rep
  • Le_Kirk
    Le_Kirk Posts: 24,508 Forumite
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    What is the date of issue of the claim form?  Did it come from Northampton CCBC?  Who is the parking company, who is the legal representing them?
    Yes you can appear as a lay rep - ask Auntie Google but do not get side tracked by "Rights of Audience".
  • Le_Kirk said:
    What is the date of issue of the claim form?  Did it come from Northampton CCBC?  Who is the parking company, who is the legal representing them?
    Yes you can appear as a lay rep - ask Auntie Google but do not get side tracked by "Rights of Audience".
    10 January 2022, yes it came from Northampton CCBC, The parking company is GROUPNEXUS represented by DCB Legal. Lay rep i will look into. On hold to citezens advice bureau if i am unable to represent possibly looking at legal aid if it is free. 

    Thankyou
  • Legal aid for a parking invoice? Absolutely not.
  • Redx
    Redx Posts: 38,084 Forumite
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    Le_Kirk said:
    What is the date of issue of the claim form?  Did it come from Northampton CCBC?  Who is the parking company, who is the legal representing them?
    Yes you can appear as a lay rep - ask Auntie Google but do not get side tracked by "Rights of Audience".
    10 January 2022, yes it came from Northampton CCBC, The parking company is GROUPNEXUS represented by DCB Legal. Lay rep i will look into. On hold to citezens advice bureau if i am unable to represent possibly looking at legal aid if it is free. 

    Thankyou
    So it's either Highview Parking or C P Plus , trading as Group Nexus , represented by Dcb legal

    Date of issue and AOS dates please ?

  • Fruitcake said:
    Hang up now! CAB are good at some things but are hopeless when it comes to private parking charges. You are wasting your time by talking to them.

    I doubt also that you will be able to find a solicitor who knows more about the unregulated private parking industry than the regulars on here do.

    All documentation must be in your mother's name as already advised. If ir gets to court then you will be able to act as a Lay Representative in accordance with this.



    You will just need to state this at the beginning of the hearing, and have a copy to hand so you can quote from it if necessary.

    Use the template defence, all of it, and show us your/her amended paragraphs 2 and 3.

    Your mother's defence should include a point about being dyslexic and therefore requires reasonable adjustments to be made in accordance with the Equality Act 2010.

    What happened when you complained to the landowner? This is always Plan A, and it is never too late to get a landowner cancellation.

    Your mother should also complain to her MP about this.


    I have not complained to the land owner i have been looking to see who the land owner actually is but am struggling to find this information. She was shopping at dreams on that day and spent nearly £1000. I assumed it might be too late but i will head to the car park now and see if i can find it. The car park is a retail park - aylesbury shopping park - HP20 1DG. I will include all the information you have told me to include. She has never been diagnosed however it is something that has troubled her all her life symptoms very obvious and she ends up bursting into tears in pressure situations. Is her not being diagnosed an issue? 
  • Fruitcake
    Fruitcake Posts: 59,462 Forumite
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    Complain to the manager/CEO of the shop she was using, and threaten that she will have to return everything because she can't afford the extra £100 plus court fees.

    The website for the retail park should include details of a management company, so that would be the first place to start.

    Ask the local council who pays the non-domestic business rates for the site.

    Pay a few pounds to the Land Registry to get a definitive answer.

    Not being diagnosed doesn't make the condition go away, so she should state it as fact. It's up to the claimant to prove the contrary is true, and the judge will decide on the balance of probabilities whether or not it is true.
    You and anyone else who knows her can add it as a witness statement.


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  • Redx
    Redx Posts: 38,084 Forumite
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    edited 7 February 2022 at 3:32PM
    It's an issue , covered by the Equality Act 2010 , requiring reasonable adjustment , like being represented and assisted , by a lay representative such as you ( or a lawyer )

    If it's a retail park , you want to find the retail park management details , plus the landowner details , complain to them , because Dreams will be mere tenants , they won't own the building or land !

    You really should give us the date of issue from the claim form , plus the AOS date , so your deadlines can be worked out
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