County Court Business Centre Parking Ticket

LeoBoy

LDast said:

The delay may be to your advantage. IANAL, but my understanding of the situation and having gone back through the thread is as follows:

The court is seeking clarification on whether your mother, the defendant, lacks the capacity to litigate under the Mental Capacity Act 2005. The fact that you have Power of Attorney for her Property and Financial Affairs does not automatically prove that she lacks litigation capacity. The court needs specific evidence regarding her mental capacity to manage the litigation process.

Under the Mental Capacity Act 2005, a person lacks capacity if they are unable to make a specific decision at the time it needs to be made due to an impairment or disturbance in the functioning of their mind or brain. For litigation, this means being unable to understand, retain, or weigh the information relevant to the case and communicate a decision.

You need to provide medical evidence that your mother cannot understand or engage with the legal process, such as a letter from her GP or a specialist explaining her cognitive impairments (e.g., memory loss, dementia, etc.). This would help satisfy the court that she is a "protected party" under the 2005 Act and justify your attendance as her litigation friend.

Additionally, your Power of Attorney, while relevant for financial and property matters, does not automatically confer rights in litigation, which is why the court requires evidence of incapacity in this specific context.

I would recommend that, as you now have more time, you contact her doctor for an assessment and request a medical report. You can then submit this as evidence to the court to support your request to act as a litigation friend. This would also clarify her status as a protected party and strengthens your request for the court to allow you to represent her in the proceedings.

Thanks, I will do this. Although my Mother hasn't been diagnosed with any memory loss problems it is definitely happening. I was actually going to take my PC to Mums on the day so she could be on the video hearing with me. Is it true that the actual Judge can make a decision himself when he talks to my Mum in the hearing and determine that she needs a Litigation friend?

Coupon-mad

I suspect so, but mainly based on whatever evidence you have supplied. Hence why you need to beef that up in the hearing gap you have now, which may only be a few weeks.

LeoBoy

My hearing is tomorrow morning (Wed 20th) using the Cloud Video Platform, any last bit of advice to say/do before and during the hearing? Thanks.

Coupon-mad

Take your PC to Mum's and if you want to be her Lay Representative you must say so (you are not merely a 'McKenzie friend').

Many virtual hearings start late. Allow hours of waiting and don't give up.

LeoBoy

Update, court was adjourned last time until tomorrow 8th April 10am as the Judge wanted my Mum to be with me to make sure she needed a Litigation friend (myself) Since then I now have LPA for Health and Welfare for my Mother. 
Her Blue Badge fell off dashboard in Romford Brewery while in disabled bay. Any last tips on the actual laws ie As I showed she has a valid blue badge the appeal should have accepted? 

LeoBoy

Another thing I forgot to mention, pretty much every piece of photographic evidence they've supplied is blurry, can't even read the parking signs, there is no parking sign on any photo's where my Mums car is parked, plus the contract they have with the landowner is completely blurry and un-readable, can I get the case thrown out because of this as if you can't read it they can't prove they have a contract?

Coupon-mad

LeoBoy said:

Another thing I forgot to mention, pretty much every piece of photographic evidence they've supplied is blurry, can't even read the parking signs, there is no parking sign on any photo's where my Mums car is parked, plus the contract they have with the landowner is completely blurry and un-readable, can I get the case thrown out because of this as if you can't read it they can't prove they have a contract?

Yep. That's EXACTLY what to say to make it easy for the judge.