County Court Business Centre Parking Ticket

LeoBoy

It's a cloud video call. Court is aware I am my Mums litigation friend. It will just be me on the call.

Coupon-mad

Oh this is the one where you are a litigation friend due to her incapacity to attend?  I recall we had one case like this. Very unusual.

Then I think email your costs today.

LeoBoy

This is what they sent me.  Is this added to the claim?

Coupon-mad

Obviously they can't have the £220 which is what I was telling you. They are just scaremongering.

LeoBoy

I have just got this email from the court.
How should I reply? It is regarding when I emailed the court (My email below)

Dear Sir,

Thank you for your e-mail. We have referred this to the District Judge who has made the following comments;

 

“This is a small claims matter therefore;

A lay representative may present the case for the Defendant-PD27A (27APD.3) The Defendant must attend

As to “capacity”-what evidence is there that the Defendant lacks capacity to litigate?”




Below is the email I sent.....

Dear Sir/Madam

 

My name is (My Name). My Mother is (Her Name) who is the defendant in Claim Number xxxxxxxxx

I am alerting to the claimant and the local hearing court that I will attend as her litigation friend. I have Lasting Power of Attorney (LPA) for Property and Financial Affairs for the Defendant (please see attachment) Due to her financial incapacity and I trust the Judge will grant me Rights of Audience under the court's discretionary powers and as a 'reasonable adjustment'.

 

However, given the age (78) and significant impairment of the Defendant who MET knew from the outset is disabled because the Blue Badge was produced in two appeal stages to try to resolve the dispute, the Claimant is urged to review the situation and discontinue immediately. A vulnerable elderly disabled person was at all times entitled to park as she did and there's no legitimate interest to save this charge. It is purely punitive to pursue a disabled person with low financial, contractual or decision/making capacity and the Claimant should be ashamed of themselves.

 

Should the Claimant opt not to discontinue, full attendance costs of the attendee will be sought due to the Claimants wholly unreasonable conduct throughout. The Claimant knew or should have known to make a reasonable adjustment, and to ignore their statutory duty as a service provider under the Equality Act 2010 is plainly unreasonable because it is illegal.

 

Costs assessment including loss of salary/leave at £20 per hour or £140 per day (as the court sees fit), plus printing costs is attached. The Claimant is urged to discontinue now.

 

Yours Sincerely,

LeoBoy

I am currently filling out a N235 Litigation Form.
I have sent in my WS a list of her medication via a prescription list. My Mum forgets things but I don't have any medical evidence for this. She also suffers from many physical things mainly arthritis pretty much everywhere.
I've filled out all the relevant questions on the N235 form. I have Power of Attorney for Property and Financial Affairs but have not got round to getting The Health and Welfare one sorted yet.
My email to the court was 30th August and I have only got this email this Afternoon Friday 13th Sep. The case is scheduled for 2pm This Tuesday 17th September.

What is the best way I can answer this question (Below) on the N235 Form?

"My reasons for believing that the (claimant)(defendant) is a protected party are....."

Coupon-mad

I'm not an expert on this but you'll need to use the CPRs and cite the 2005 Act:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part21

This is a bit mad.  No common sense!

Surely the fact that the Defendant is disabled, frail, forgetful, is incapable of getting to court and you have Power of Attorney for Property and Financial Affairs means she meets whatever the definition of 'protected party' is in the 2005 Act.

You're going to have to read the Act to drill down into the detail of it.  If in doubt, Mum is going to have to attend with you.  

LeoBoy

Thanks.  My Mum can't attend with me but at the worse I can have her on my phone while doing the video call.

Coupon-mad

LeoBoy said:

Thanks.  My Mum can't attend with me but at the worse I can have her on my phone while doing the video call.

I think prepare to do that, if you get an unreasonable Judge.

LeoBoy

Coupon-mad said:

I'm not an expert on this but you'll need to use the CPRs and cite the 2005 Act:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part21

This is a bit mad.  No common sense!

Surely the fact that the Defendant is disabled, frail, forgetful, is incapable of getting to court and you have Power of Attorney for Property and Financial Affairs means she meets whatever the definition of 'protected party' is in the 2005 Act.

You're going to have to read the Act to drill down into the detail of it.  If in doubt, Mum is going to have to attend with you.  

I have been looking through CPR 21.4 and 21.5. I've pasted them below, any help on specific sections I should quote? It's all really confusing for me. I've got to email before Monday morning.

This would be the my comment at the end of the N235 Litigation Form where it says...
My reasons for believing that the (claimant)(defendant) is a protected party are:-

Who may be a litigation friend without a court order

21.4

(1) This rule does not apply if the court has appointed a person to be a litigation friend.

(2) A deputy appointed by the Court of Protection under the 2005 Act with power to conduct proceedings on the protected party’s behalf is entitled to be the protected party’s litigation friend in any proceedings to which the deputy’s power extends.

(3) If nobody has been appointed by the court or, in the case of a protected party, appointed as a deputy as set out in paragraph (2), a person may act as a litigation friend if they –

(a) can fairly and competently conduct proceedings on behalf of the child or protected party;

(b) have no interest adverse to that of the child or protected party; and

(c) where the child or protected party is a claimant, undertake to pay any costs that the claimant is ordered to pay, subject to any right to be repaid from the assets of the child or protected party.

To the top

How a person becomes a litigation friend without a court order

21.5

(1) If the court has not appointed a litigation friend, a person who wishes to act as a litigation friend must follow the procedure set out in this rule.

(2) A deputy appointed by the Court of Protection under the 2005 Act with power to conduct proceedings on the protected party’s behalf must file an official copy(GL) of the order of the Court of Protection which confers their power to act either –

(a) where the protected party is to be a claimant, when the claim is made; or

(b) where the protected party is to be a defendant, at the time when the deputy first takes a step in the proceedings on the defendant’s behalf.

(3) Any other person must file a certificate of suitability stating that they satisfy the conditions specified in rule 21.4(3) either –

(a) where the person is to act as a litigation friend for a claimant, at the time when the claim is made; or

(b) where the person is to act as a litigation friend for a defendant, at the time when they first take a step in the proceedings on the defendant’s behalf.

(4) The certificate of suitability must be verified by a statement of truth and must state in accordance with the prescribed form that the person—

(a )agrees to act;

(b) knows or believes the person concerned is a child or lacks capacity to conduct the proceedings (stating in the latter case the grounds for that knowledge or belief); and

(c) meets the requirements of rule 21.4(3)

(5) The litigation friend must –

(a) serve the certificate of suitability on every person on whom, in accordance with rule 6.13 (service on a parent, guardian etc.), the claim form should be served; and

(b) file a certificate of service when filing the certificate of suitability.

(6) Where the grounds for believing that a protected party lacks capacity to conduct the litigation are based on expert opinion, a copy of such opinion must be served, either with the certificate of suitability or separately.

(Rules 6.17 and 6.29 set out the details to be contained in a certificate of service.)