Too ill to attend County Court

STAVROS

I am assisting a family member who has a serious long term illness and cannot attend the County Court. The claim ( UK Parking Control ) is from 3 years ago prior to hospitalisation. I am currently completing the N149A form and would like the judge's permission to be the sole representative without the defendant being present. Has anyone any advice regarding this and what paperwork is necessary?
We have hospital consultants' letters as evidence.

Umkomaas

Sorry to hear about your family member's ill-health. If this is a UKPC claim fronted by DCB Legal (please confirm), there's every possibility that they will discontinue, with no need for your family member (or you) to attend court. You are being sucked into one of the greatest money-screwing stunts of the year.  Do please read the following thread to see that there is definitely light at the end of the tunnel for both of you. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1 

For further help, which we can give you (as there are more things for you to do to chase DCB Legal away), can we please see the actual Defence that has been written and submitted, then we can advise on how your Witness Statement can be developed (there are exemplars to refer you to, so not a great deal of work required). 

STAVROS

Thanks for the response. I should have phrased the question better. Is there anyone who has experience of attending the court as representative without the defendant being present owing to illness?

The_Loner

Would your family member be OK with a video hearing ? You can still act as the “ Lay Rep”.

Umkomaas

STAVROS said:

Thanks for the response. I should have phrased the question better. Is there anyone who has experience of attending the court as representative without the defendant being present owing to illness?

Not me specifically, but I'd guess the court would likely offer a hearing 'on the papers' whereby only written submissions are considered by the judge. Not ideal, and not recommended here because we rarely see any outcome favouring the motorist from such. PPCs employ solicitors to write their submissions (and they do this for a living every day), motorists have little to no experience/ability to write legal papers themselves (and is likely a one-off exercise for them) - lambs to the slaughter. 

If the defendant can be present, you can act as their Lay Representative (LR) and defend this for them at the hearing. Please do a Google search on LR to read about the scope and any limitations. But, as I've said above, continue to play the game out and DCB Legal will more than likely discontinue. 

STAVROS

Thanks for the advice. Digging deeper online, it appears that the lay representative ( or lay advocate ) can be present alone with prior permission from the court. As for a video link that may be a good idea but it would involve another layer of complexity with hospitals and IT etc

Representation at a hearing

3.1 In this paragraph:

(1) a lawyer means a barrister, a solicitor or a legal executive employed by a solicitor or any other person authorised under the Legal Services Act 2007 to act as a litigator or advocate; and

(2) a lay representative means any other person.

3.2

(1) A party may present his own case at a hearing or a lawyer or lay representative may present it for him.

(2) The Lay Representatives (Right of Audience) Order 1999 provides that a lay representative may not exercise any right of audience:–

(a) where his client does not attend the hearing;

(b) at any stage after judgment; or

(c) on any appeal brought against any decision made by the district judge in the proceedings.

(3) However the court, exercising its general discretion to hear anybody, may hear a lay representative even in circumstances excluded by the Order.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27

Grizebeck

As someone who is a lay rep (paid) then judges have heard me on several occasions where the Defendant has not attended and on others refused to do so.

patient_dream

@Stavros

I think that before you think about spending money or heard on papers you consider these facts

1: This is a UKPC claim which are rubbish and with the sheer number of cases discontinued cases by DCBL, on this forum alone DCBL agree ... 160 of these timewasters to date and that's only what we see

2: DCBL added a fake amount.  They constantly refuse to respond to this fake apart from saying that it is in the BPA code of practice ?    This is utter rubbish because with the Help of ZZPS, a stupid debt collector, the BPA approved The scam charge
DCBL know this but as they are now a council representative for the BPA, THEY REALLY BELIEVE IN THE FAIRIES .....

YOU CAN HELP THE PERSON BY   by writing the WS with the help of this forum, why do you think DCBL discontinue so many claims ?

It will take a bit of time but you see DCBL will not want TO get spanked in court because of the usual rubbish from UKPC