HELP: Parallel Parking Court Claim

GolfR12

Coupon-mad said:

Your links in the index at the start don't jump to the right exhibit pages.

Re the PCN where the D was not driving, they need to make that crystal clear and add this paragraph:

It is denied that I was the driver of the vehicle on one of the two occasions in question (namely the event on DATE relating to VRM xxxxxx). The Claimant is put to strict proof to explain the basis of my alleged liability. The Claimant has provided no evidence (in pre-action correspondence or otherwise) that I was the driver on both occasions, and will not be able to because on one occasion I was not. The Claimant is therefore limited to pursuing me for that charge, only if they complied with the provisions set out by statute in the Protection of Freedoms Act 2012 ("POFA"). Before seeking to rely on the keeper liability provisions of Schedule 4 POFA the Claimant must demonstrate that there was a ‘relevant obligation’ either by way of a breach of contract, trespass or other tort; and that it has followed the required deadlines and wording as described in the Act to transfer liability from the driver to me as the registered keeper. It is not admitted that the Claimant has complied with the relevant statutory requirements.

Thank you! Index amended, above paragraph added and WS emailed to the courts, Gladstones and Parallel. Many thanks for all your help, much appreciated!

Umkomaas

GolfR12 said:

Coupon-mad said:

Your links in the index at the start don't jump to the right exhibit pages.

Re the PCN where the D was not driving, they need to make that crystal clear and add this paragraph:

It is denied that I was the driver of the vehicle on one of the two occasions in question (namely the event on DATE relating to VRM xxxxxx). The Claimant is put to strict proof to explain the basis of my alleged liability. The Claimant has provided no evidence (in pre-action correspondence or otherwise) that I was the driver on both occasions, and will not be able to because on one occasion I was not. The Claimant is therefore limited to pursuing me for that charge, only if they complied with the provisions set out by statute in the Protection of Freedoms Act 2012 ("POFA"). Before seeking to rely on the keeper liability provisions of Schedule 4 POFA the Claimant must demonstrate that there was a ‘relevant obligation’ either by way of a breach of contract, trespass or other tort; and that it has followed the required deadlines and wording as described in the Act to transfer liability from the driver to me as the registered keeper. It is not admitted that the Claimant has complied with the relevant statutory requirements.

Thank you! Index amended, above paragraph added and WS emailed to the courts, Gladstones and Parallel. Many thanks for all your help, much appreciated!

No need to copy to Parallel, they're being represented by Gladstones 

GolfR12

So looks like the hearing is going ahead as defendant has received a bundle. Was hoping it would have been discontinued but unfortunately not 

Umkomaas

GolfR12 said:

So looks like the hearing is going ahead as defendant has received a bundle. Was hoping it would have been discontinued but unfortunately not 

Keep going. Gladstones don't discontinue as frequently as DCB Legal. But they usually field a rubbish legal advocate, if anyone at all. Plan for the full works.

GolfR12

Thank you for your reply.

Would appreciate it you guys could help with some tips for the court hearing. Did have one previously but it was thrown out straight away as the claimant failed to pay some court fees, therefore, did not gain the relevant experience.

Silly question, but I'm guessing I will have to go in smart i.e. shirt, trousers, shoes etc? If so, will need to do a bit of shopping as I threw out all my smart clothes earlier this year when I moved.

Tips on the sort of questions asked by the judge and best way to answer them would be highly appreciated. I'm guessing it will essentially be my opportunity to reiterate the points raised in the witness statement? 

As I am the lay representative, will the defendant be asked any questions, and does he have the right to advise I will answer everything on his behalf? 

Thank you in advance!

Coupon-mad

There's already a hearing tips section in the NEWBIES thread.

The D can still be questioned.

KeithP

Have you seen this video?...
www.youtube.com/watch?v=n93eoaxhzpU

Just three or four people sitting round a table having a discussion.
That video was made a few years ago and some hearings these days are via telephone or video link.

Le_Kirk

Read and know your defence, witness statement and evidence inside out, make yourself a crib sheet so that, if you are given a chance by the judge to talk, you can make sure you get across ALL your points.  Make sure your crib sheet contains pointers from your WS to the evidence page and paragraph. Be there early in case the cases in front of you move up the queue and also to allow time for security checks etc.  Do not allow yourself to be sidetracked into a room so that a well-dressed lawyerly type can "have a few words".  Do not accept any bits of paper.  Have a spare copy of your witness statement in case the claimant tries the "we did not receive the defendant's WS" trick!  Be polite and do not talk over the judge, address the judge as "Judge" even if a lady judge and finally - good luck.  Don't forget, when you win, to ask for your costs.

GolfR12

Coupon-mad said:

There's already a hearing tips section in the NEWBIES thread.

The D can still be questioned.

I did check this prior to my question, however, I couldn't find anything specific to my questions 

GolfR12

Le_Kirk said:

Read and know your defence, witness statement and evidence inside out, make yourself a crib sheet so that, if you are given a chance by the judge to talk, you can make sure you get across ALL your points.  Make sure your crib sheet contains pointers from your WS to the evidence page and paragraph. Be there early in case the cases in front of you move up the queue and also to allow time for security checks etc.  Do not allow yourself to be sidetracked into a room so that a well-dressed lawyerly type can "have a few words".  Do not accept any bits of paper.  Have a spare copy of your witness statement in case the claimant tries the "we did not receive the defendant's WS" trick!  Be polite and do not talk over the judge, address the judge as "Judge" even if a lady judge and finally - good luck.  Don't forget, when you win, to ask for your costs.

Many thanks, that's really helpful. 

Will get some spare copies of the WS printed out today and get a crib sheet drawn up. 

Just a couple of questions please:

1) Is it imperative that I dress in formal clothing, or will smart casual suffice? 

2) Is it ok to notify the judge at the start with regards to our lack of experience in the court of law, so to excuse any instances of uncertainty and/or incorrect terminology used?

3) If the defendant is asked any questions, am I ok to intervene to advise the judge, as the lay representative, I will be answering all questions on the defendants behalf?