Right to use a lay rep

dbruvoir

Hi all, I am supporting someone in the process with NCP of defending a claim (more claims to come) and making a counterclaim for GDPR breach and harassment (for PCNs listed in this curent MCOL case and a host of others).  The PCNs relate to "Gatwick Airport Dropoff" charges and our possession of a valid "Local Commuter Scheme" pemit that covered the vehicle in question during the period of concern.  I wonder if BW Legal (derogatory title omitted) will see this post?

 In reading stickies and researching cases to reference (Vidal, Ferguson look good so far) I came upon this thread, https://forums.moneysavingexpert.com/discussion/comment/76934402#Comment_76934402.

@Coupon-mad remarked that it was Interesting that the court didn't know about the legal right to use a lay rep to speak.  This was for a case going to Horsham CC, where the case has just been assigned.

I wonder if someone could please point me towards that legal right to use a lay rep so we too do not have the Claimant's request rejected on the day. 

I dealt with the string of PCNs during the past 18months whilst the Defendant (and Claimant for the counterclaim) underwent cancer treatment and simply wasn't up to it.  (In fact the Claimant begged me to just pay them, all of them!). 

While I'm asking for support, does anyone have an email address for Horsham CC?  I am presuming I can email them the DQ (and other paperwork as required).  I can find an address on court finder for enquiries "hearings.brighton.countycourt@justice.gov.uk", but I don't want to just assume it is the appropriate one.

Cheers

Fruitcake

The Lay Representatives (Rights of Audience) Order 1999 (legislation.gov.uk)

Take a copy with you on the day.

KeithP

dbruvoir said:

I wonder if someone could please point me towards that legal right to use a lay rep so we too do not have the Claimant's request rejected on the day. 

This is what you are looking for... 
The Lay Representatives (Rights of Audience) Order 1999

It's very simple. Here it is in it's entirety...

3. (1) Subject to paragraph (2), any person may exercise rights of audience in proceedings dealt with as a small claim in accordance with rules of court.
(2) A lay representative may not exercise any right of audience:–
(a) where his client does not attend the hearing;
(b) at any stage after judgment; or
(c) on any appeal brought against any decision made by the district judge in the proceedings.

dbruvoir

Good grief you people are fast!  Thank you immensely for the help.

Coupon-mad

Ring Horsham court and double check whether the brighton hearings email is right to reach them.

I am localish and have a feeling it might be but not 100% certain.

Umkomaas

While I'm asking for support, does anyone have an email address for Horsham CC?  I am presuming I can email them the DQ (and other paperwork as required).  I can find an address on court finder for enquiries "hearings.brighton.countycourt@justice.gov.uk", but I don't want to just assume it is the appropriate one.

Haven't you already dealt with the DQ, which should have been sent to the CCBC?

dbruvoir

A bit of a mess in the Defence and Counterclaim which delayed the process a little. Now resolved. 

DQ came from CCBC but stated that it should be returned to Horsham. 

KeithP

Can you ring Horsham court in the morning and ask them which email address to use?

Coupon-mad

dbruvoir said:

DQ came from CCBC but stated that it should be returned to Horsham. 

That's normal for a counterclaim case.

What was the counterclaim for?   Was it properly pleaded on a point of law, with a cause of action to pursue a stated sum? Sorry to tell you that most counterclaims fail.

I really hope the Defendant didn't waste their money on a court fee, thinking that a counterclaim is needed merely to ask for their costs (no counterclaim is needed).

dbruvoir

The counterclaim is for:

1. Harassment (20 communications to date for numerous PCNs) for which I intend to use Ferguson.
   
2. Multiple breaches of data rights (they administer the permit system and should have confirmed the vehicle was covered before requesting data from DVLA). For this I intend to use Vidal

Money was spent on a court fee to support the counterclaim.  This shoud be in addition to costs as Defendant.

Sound reasonable?

Coupon-mad

If it was well pleaded and you expand on that at WS stage too, it might have a chance.