Definition of a 'Witness' at Court Hearing

OnionCityBlues

I've been lurking for a while so first up, thanks so much for all the advice.

I sent off defence and quickly received a N180 from the PPC solicitors but haven't had mine from the court yet. [FYI, I chased up and they said they had about 6 week backlog]. Meanwhile, I've downloaded one and got it ready but I'm not sure whether I can add myself as a 'witness' for the E3 question.

The case is not mine. My partner was mistakenly under the impression that you could ignore PCN and all that follows so binned everything until the Claim Form

I wasn't in the vehicle when it happened so I'm not an 'actual' witness.

But it's me that's been doing the research, filing defence and dealing with everything since Claim Form and I am literally on the case compared to them - so can I attend the hearing? And to what extent am I allowed to 'speak for the Defendant'? Is it frowned upon if they have someone else present for them?

If not, we'll just have to cram/revise/practice like mad and I'll keep my fingers crossed!

Umkomaas

I am literally on the case compared to them - so can I attend the hearing? And to what extent am I allowed to 'speak for the Defendant'?

Yes, check out 'Lay Representative' and 'McKenzie Friend', but the Defendant must also be present at the hearing, otherwise, no go. 

Is it frowned upon if they have someone else present for them?

No, but occasionally a judge gets a bit sniffy about it. Take a copy of The Lay Representatives (Rights of Audience) Order 1999 with you. 

Which PPC and which legal team is representing them?

Fruitcake

I hope everything sent to the court has been in the defendant's name, not yours.

The defendant must attend the hearing. Witnesses can attend, but may only speak when so ordered by the judge.

A McKenzie friend can whisper advice in the defendant's ear and pass them documents, but cannot speak for them.

If you want to speak for the defendant then you should attend as a lay rep and take with you a copy of the Lay Rep's Right of Audience.

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

The court documents only ask how many witnesses will be attending so they know what size room is needed. Normally this is a small room with only the judge, claimant, defendant, and court recorder.

Members of the public may attend, the court being a public space,  but are not allowed to speak.

The defendant needs to produce a witness statement and evidence to submit once the court where the hearing will take place has been allocated. This will be the court that your partner will state on the N180.

Never use forms supplied by the claimant.

What happened when your partner complained to the landowner and their MP? That is always Plan A and is never too late to carry out.

Where did the alleged event occur? It may have cropped up here before.
What was the alleged parking breach?

Was the forum template defence used, or something else? If something else, what defence points were used?

OnionCityBlues

Ahhhhh, I had seen 'McKenzie Friend' in a thread but it didn't explain further. I'll look into Lay Representative as well and see what looks best.

They will of course attend and all docs are in their name. I've followed all instructions on here.

@Umkomaas said:

Which PPC and which legal team is representing them?

Rather not say right now. Sorry!

Fruitcake said:

What happened when your partner complained to the landowner and their MP? That is always Plan A and is never too late to carry out.

Where did the alleged event occur? It may have cropped up here before.
What was the alleged parking breach?

Was the forum template defence used, or something else? If something else, what defence points were used?

Didn't work.

I couldn't find anything.

Yes with several extra additions inc. wording on signs not matching the offence on PCN.

Sorry to keep it vague because of... factors! Thanks so much for now.  

Coupon-mad

If it's DCBLegal they'll discontinue if the D files a decent WS bundle, in due course.

Do let us know the outcome in the end ... and one favour please:

We need you and your partner - as a genuine PPC victim of aggression, sharp practice and an 'extortion' attempt to add £70 - to respond robustly to the Public Consultation on the level of charges & banning of the false added DRA 'fee' that too many honest motorists currently fall victim to.

It will need consumer input (powerful voices) but change is afoot. It's taken about 5 years to get to this stage:
https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

And then the industry threw victims' money at it and blocked and delayed it - explained here:
https://forums.moneysavingexpert.com/discussion/comment/79310609/#Comment_79310609

Please now Bookmark BOTH threads and set up email alerts on your posting profile, so that you get an email alert when we post there, as we will, once the Public Consultation opens.

...anticipated VERY soon, in weeks...

We need people like you and your driving family & friends to respond in high numbers. You have a personal story to tell about the culture of greed that inflates parking charges to line the pockets of roboclaim thug 'legal' firms, and incentivises court as a cheaper form of debt collection than the PPC making proper efforts to engage with the consumer,

I am sure you will both want your voices heard (two responses using different wording - your own views - would be great!) to stop this happening again.

OnionCityBlues

Yes! Definitely!

Umkomaas

Rather not say right now. Sorry!

Why ever not?  This is hardly an MI5 category case! Strategies can differ dependant on which parking firm is involved, to which trade association they belong and which solicitors are representing them. 

Subject to above, we can offer bespoke advice, some of which might help ease concerns for you/your wife. Without all the information, you might not get all the advice, and you might find that we are all disappearing down the wrong rabbit hole.

Fruitcake

As above. In order for us to give you the best advice we need to know who you are dealing with and where the alleged event took place.

KeithP

Umkomaas said:

Rather not say right now. Sorry!

Without all the information, you might not get all the advice, and you might find that we are all disappearing down the wrong rabbit hole.

.or alternatively, we all just disappear from this thread. There are plenty of other victims looking for assistance.  

OnionCityBlues

Blimey. There are plenty of times on this board where newbies have been told not to give too much info. If indeed PPC/their crony solicitors do check out this forum, then the first thing they would search for is their own names. So I don't want to put either in my posts because together with certain other info it would actually be waaaaay too easy for them to work out which case it is.

I've been following the advice on here so I appreciate that there are different strategies for different firms.

In addition, it was quite a general question which didn't require all the background info and I got the answer I needed without taking up too much of people's time. I would have thought that was a win-win.

Thanks

B789

OnionCityBlues said:

Blimey. There are plenty of times on this board where newbies have been told not to give too much info. If indeed PPC/their crony solicitors do check out this forum, then the first thing they would search for is their own names. So I don't want to put either in my posts because together with certain other info it would actually be waaaaay too easy for them to work out which case it is. 

Firstly, you have been watching far too many spy thrillers if you are this paranoid about identifying the basic info requested above. If you honestly believe that these ex-clamper thugs and their intellectually malnourished lawyers have the time and staff to deploy in order to search out claims that they are involved with, in order to try and gain some kind of advantage against you, you need to take a reality pill.

Every 3 seconds a private parking ticket is issued here in the UK. Sadly, the vast majority of the recipients of these speculative invoices that they think are "fines" are paid because the mugs don't want to lose the "discount". These private parking companies are operating the biggest scam ever and they abuse the Court system because they can.

So, if you honestly think that be telling us where this took place, which PPC and which bunch of bottom-dwelling solicitors are involved will somehow prejudice your case, then perhaps you should count the number of threads on this forum that go against your paranoia and go on to either win or have the claim discontinued.

Over 99% of the claims that are advised on here, all identified with location and scamming pair of claimant and sub-rated solicitors, go on to win or are discontinued with not one failing because the scammers sent round their "men in black" to sabotage their case.