'Overstay' in gym car park

KMBayes

I managed to delete an earlier post by accident. I've taken the advice and this morning posted a response requesting a hearing. I'm curious as to why this should effect the outcome compared to a consideration based on the papers though.

Is it possible for me to attend an in person hearing in place of my wife?

Fruitcake

You can't "fact check" or challenge anything the claimant says. You can't "cross-examine" the claimant. You can't explain things to the judge.

As for the letter, so what? They can expand on details all they want, but you are defending what they put on the claim form, not what they say after the fact. If they mention anything at the hearing, the defendant should say, that isn't what the claim is for/isn't what was on the claim form. The claimant is being represented by legally qualified persons/a legal company, and should know they must narrow the issue by properly setting out their claim at the start.
CEL v Chan may not be binding, but it is persuasive on the lower courts because it was heard on appeal.

The defendant must appear otherwise they will lose, and could have costs awarded against them for unreasonable behaviour.
You can act as her advocate, a lay representative in accordance with the Lay Representatives right of audience. You should take a copy with you.

How do you know you have been sent images of all the signs at the site? Are the images date stamped showing they were in place at the material time?

Please show us the copy of the alleged landowner contract. Have you checked that the named landowner is in fact the landowner? Have you checked that the signatories are authorised to sign contracts? Have you checked the contract start and finish dates, and any clauses within to prove the claimant has a right to issue claims?
Landowner details can be purchased from the Land Registry for a few pounds.

Gr1pr

You have no legal standing unless you are a qualified lawyer ? Which I doubt, so can only assist HER in court by acting as a lay representative and getting permission to speak on her behalf, but she MUST be present, a no show means an automatic loss because you won't be allowed to speak on her behalf without her being present and their advocate will know this 

Courts have rules 

A hearing on papers could cost her dear if she lost in court, because the advocate acting for the claimant could ask the judge for a couple of hundred pounds for their advocate fees and there would be nobody on her side to object, inflating the total lost, possibly to twice as much as is on the claim form 

KMBayes

Thanks for those responses. I think an online hearing if offered is our best way forward on this. I have advance sight of he basis of their witness statement so anticipate having a solid statement. They really haven't helped themselves by the incredibly weak wording on the T&C's.

Coupon-mad

Most hearings are in-person. You can obviously go with the Defendant and speak for her (but cannot attend alone, instead of the Defendant).

If you let the case proceed in her absence she'd 90% likely lose.  We've seen this time and again. You'd be entering into a 'battle of the legal paperwork' v a firm that does that for a living.  And with no ability to correct any presumptions made by the Judge.

LDast

KMBayes said:

 I have advance sight of he basis of their witness statement so anticipate having a solid statement. 

Are you saying that you already have a copy of the Claimants WS? If so, is it signed by a solicitor or legal representative pr someone who has direct knowledge of the facts?

KMBayes

LDast said:

KMBayes said:

 I have advance sight of he basis of their witness statement so anticipate having a solid statement. 

Are you saying that you already have a copy of the Claimants WS? If so, is it signed by a solicitor or legal representative pr someone who has direct knowledge of the facts?

No, not a formal statement. They've sent pictures of all the signage on site and will obviously be arguing that is adequate. That's really quite useful as I'll know how to frame my own site pictures to demonstrate the reality of signage 'on the ground'.

prowla

Those earlier posts from the PPC shill were amusing!

KMBayes

Fruitcake said:

You can't "fact check" or challenge anything the claimant says. You can't "cross-examine" the claimant. You can't explain things to the judge.

As for the letter, so what? They can expand on details all they want, but you are defending what they put on the claim form, not what they say after the fact. If they mention anything at the hearing, the defendant should say, that isn't what the claim is for/isn't what was on the claim form. The claimant is being represented by legally qualified persons/a legal company, and should know they must narrow the issue by properly setting out their claim at the start.
CEL v Chan may not be binding, but it is persuasive on the lower courts because it was heard on appeal.

The defendant must appear otherwise they will lose, and could have costs awarded against them for unreasonable behaviour.
You can act as her advocate, a lay representative in accordance with the Lay Representatives right of audience. You should take a copy with you.

How do you know you have been sent images of all the signs at the site? Are the images date stamped showing they were in place at the material time?

Please show us the copy of the alleged landowner contract. Have you checked that the named landowner is in fact the landowner? Have you checked that the signatories are authorised to sign contracts? Have you checked the contract start and finish dates, and any clauses within to prove the claimant has a right to issue claims?
Landowner details can be purchased from the Land Registry for a few pounds.

How do you know you have been sent images of all the signs at the site? Are the images date stamped showing they were in place at the material time?

Images I have been sent have a date stamp from 2017. There have been no changes between the signage then and now. And why would they improve them - it's a profitable enterprise and they have no other legitimate source of ongoing income from the site!

The pages of the redacted contract are attached - it is between Virgin and Met parking. I have no idea if Virgin is the landowner or not. Are you suggesting that if Virgin isn't the landowner that it is something to include in the witness statement?

Coupon-mad

Images I have been sent have a date stamp from 2017. There have been no changes between the signage then and now. 

Errr but you don't really know that.

Old signage pics can be challenged by Defendant, of course!  They MIGHT NOT have bern the same on the material date...

Re the redactions on that letter of authority, search the forum for:

Promontoria redactions improper