County Court Claim for parking outside Debenhams - Parking Control Management

LDast

The statement "It is highly unlikely that the Defendant would have any knowledge with respect to the case law, points in law and the complexities in their writing when questioned about the matter, it is therefore denied in its entirety" from the claimant should be viewed as embarrassing in the legal sense, as it questions the your competence without any direct evidence or personal knowledge. It should be considered an "embarrassing pleading" as it serves no legitimate purpose and is solely intended to prejudice or undermine you without factual basis.

Since the paralegal representing the claimant lacks direct knowledge of your understanding of case law or legal matters, it is improper for them to make such assertions. Courts expect the arguments to focus on the facts and merits of the case rather than questioning a party’s ability to understand legal points, especially without evidence to back up the assertion.

As the statement is both irrelevant and prejudicial, you should raise this with the court, noting that such a comment is without foundation and constitutes an attempt to unfairly undermine you, the defendant. You  could argue that the claimant’s submission should be approached with caution due to the inclusion of baseless allegations. This might encourage the court to give less weight to the claimant’s overall submission.

If the court agrees that the claimant's conduct or statement is improper, you could request that this be taken into account when considering costs at the end of the case. The court may view this conduct as unreasonable and reflect it in any cost awards.

qwertyoffice

Thanks, but a lot of the legal stuff I do not understand and it is going to look obvious that got help elsewhere to write my defence and WS if the judge asks me to explain some of the bits submitted.

Am I allowed to explain to the judge I got legal advice to help me write it? 

One more thing, do I address the judge as sir or mam?    

Coupon-mad

qwertyoffice said:

Thanks, but a lot of the legal stuff I do not understand and it is going to look obvious that got help elsewhere to write my defence and WS

Why do you think that's a problem? Because the scammer said it is?!

When I was lay repping at a parking case hearing and the Claimant's Director (appearing in person) growled that the Defendant 'has used an internet template' the Judge said: "well Mr P ... so what?!"

I won the case. Judges aren't stupid.

You DIDN'T get legal advice.

You are meant to call the Judge 'Judge' these days to avoid gender stereotypes but Sir or Madam is also used by some reps.

Be confident. You will be fine.

  

qwertyoffice

Ok thanks coupon, actually looking forward to it 😂

I will update you all a bit later and hopefully I get a win for the team 👊🏼

qwertyoffice

I got away with it with the claimant having to pay me £95 for taking the morning off!

Thank you for all your help!

Coupon-mad

qwertyoffice said:

I got away with it with the claimant having to pay me £95 for taking the morning off!

Thank you for all your help! 

Yay! Well done! Costs as well. Nice.

Tell us more please. What did the Judge say? What did their rep say? What did you say?

Was the case won due to the poor signage or the badly pleaded claim (above)?