LBC advice for driver who 'possibly accepted guilt'

kensiko

Coupon-mad said:

They will probably send a barrister, knowing ZZPS and their mates at QDR.

You will need to know your legal basis inside out.  Did you check out the Data Principles (and found them at the bottom of the 2020 BPA Code)?  I wasn't just talking about fair processing. One is about accuracy.  Read what the ICO says or other articles about those principles.

Then there is the CPUTRS and 'misleading information'.  And you'd need to Google to understand the fact that a consumer (due to an update a few years ago I think) has a remedy under the CPUTRS which are no linger only enforced by Trading Standards.

A barrister?  Really?  Seems a bit OTT for a £500 small claim.  
We hope they are rattled, to be honest that's all the claimant wants.
It's more about the principal rather than any monies.

I chose the wording in the SWS specifically from https://www.gov.uk/data-protection where the following is stated.



I used the first line, but I also noted, as you said, the 'accuracy'.  I will be checking the full legislation on that so I am aware as best I can be.

From the BPA Code I don't see anything at the bottom but I have spotted 2 snippets, are these what you refer too?



Regarding "Then there is the CPUTRS and 'misleading information'.  And you'd need to Google to understand the fact that a consumer (due to an update a few years ago I think) has a remedy under the CPUTRS which are no linger only enforced by Trading Standards." this is something I will need to research as I thought the legislation I had added to the claimants WS would be enough. 

Thank you all.

Coupon-mad

I was thinking that the DPA Principles used to be in an Annex tacked on the end of the BPA CoP.  Hmmm, I could be wrong, that might have been the surveillance camera data principles, never mind.  It's not the daft old (and technically irrelevant to ZZPS) BPA CoP that matters; it's the law, and any remedies that such law allows where a trader/data processor is in breach.

JoeN1988

KeithP said:

The Claimant will send a local advocate to represent them.

The Defendant.

Coupon-mad

JoeN1988 said:

KeithP said:

The Claimant will send a local advocate to represent them.

The Defendant.

Yep.  ZZPS are being sued.  Hence why I guessed they might send a barrister.  Some of LPC Law's advocates are barristers.

kensiko

Back again!

Now the hearing is not too far away I am speaking with the claimant to try to explain what is going on.  He really isn't understanding most of it, which is entirely reasonable.

I think he is worried he should never have started this and probably didnt think it would get this far but I have  tried to tell him he can't lose anything now its got to this stage, even if the claim is unsuccessful.

Regarding appearances, as I have never done this before either, am I right a brief statement is done first on both sides?  Something more 'English' that can be said and understood by anyone?

If this is the case, I have written a brief statement so just after any feedback.  I am not sure wether it will be claimant or myself that would read this.



Also, any advice for the claimant to help the situation?  I've reminded him that these people are parasites and anything to get 'one-up' on them is a big thing,.  Especially after such a catastrophic loss of the CCJ payment originally.

nopcns

Are you confident enough to go with the claimant and act as their lay rep?

Coupon-mad

The most important thing is that he must attend. He can't just send you (but you can go together).

Allow to get there 45 mins early to get through security and sign in with the Usher, telling them you are the defendant's Lay Representative.  Be polite and do everything required and call the Judge 'Judge' (or Sir or madam, if you prefer).

You don't necessarily read out a set statement. Although a bullet point crib sheet will help you focus.  You/he will be asked to set out their case first so that means summarising the conduct and how that gave rise to him making a 'transactional decision' he would not otherwise have done.

Have tabs and page numbers to help you take the Judge to the laws that the C is relying upon for his remedy.

The feeling is "the law is what you say in the courtroom" in small claims (therefore, never expect the Judge to have read everything).  Expect to effectively take him/her to read various exhibits, almost like you are presenting a report.  Doesn't matter how good the papers are, the Judge will concentrate on what both parties say and show him/her.

Even if you are the speaker (lay rep), the C might be questioned as he is the witness.  At that point bite your lip.  You must not do anything to help if he is being asked questions.

Sadly, he can't question a third party rep as they are no more a witness than you are.

If the Claimant (consumer) doesn't attend, or is late, THAT is when there is money to lose because non-attendance is 'wholly unreasonable conduct' and their legal rep would ask the Judge to award all their costs. Hundreds.  Don't do that.

Oh, and as it's ZZPS who are 'close' to QDR solicitors, in my experience they will send him (in the next week or so) a scarily large Costs Assessment to frighten him.  Those costs are not awarded in small claims unless a party acts unreasonably.

Umkomaas

nopcns said:

Are you confident enough to go with the claimant and act as their lay rep?

Make sure you take with you a copy of The Lay Representatives (Rights of Audience) Order 1999 in case there is any debate about your ability to lay rep. Also research the difference between a Lay Representative and a McKenzie Friend - similar, but with some different parameters - in case the Judge asks you exactly which role you will undertake. 

kensiko

Umkomaas said:

nopcns said:

Are you confident enough to go with the claimant and act as their lay rep?

Make sure you take with you a copy of The Lay Representatives (Rights of Audience) Order 1999 in case there is any debate about your ability to lay rep. Also research the difference between a Lay Representative and a McKenzie Friend - similar, but with some different parameters - in case the Judge asks you exactly which role you will undertake. 

I am confident enough to be at the hearing.  Although it will be a new experience for me and the claimant understands I am by no means a legal representative.

As far as I am aware the difference is a McKenzie Friend was not allowed to speak on their behalf.  A lay rep as per https://www.legislation.gov.uk/uksi/1999/1225/made speaking on the claimants behalf was allowed.  I am hoping to be there on the day and be a lay rep on the claimants behalf.

kensiko

Coupon-mad said:

The most important thing is that he must attend. He can't just send you (but you can go together).

Allow to get there 45 mins early to get through security and sign in with the Usher, telling them you are the defendant's Lay Representative.  Be polite and do everything required and call the Judge 'Judge' (or Sir or madam, if you prefer).

You don't necessarily read out a set statement. Although a bullet point crib sheet will help you focus.  You/he will be asked to set out their case first so that means summarising the conduct and how that gave rise to him making a 'transactional decision' he would not otherwise have done.

Have tabs and page numbers to help you take the Judge to the laws that the C is relying upon for his remedy.

The feeling is "the law is what you say in the courtroom" in small claims (therefore, never expect the Judge to have read everything).  Expect to effectively take him/her to read various exhibits, almost like you are presenting a report.  Doesn't matter how good the papers are, the Judge will concentrate on what both parties say and show him/her.

Even if you are the speaker (lay rep), the C might be questioned as he is the witness.  At that point bite your lip.  You must not do anything to help if he is being asked questions.

Sadly, he can't question a third party rep as they are no more a witness than you are.

If the Claimant (consumer) doesn't attend, or is late, THAT is when there is money to lose because non-attendance is 'wholly unreasonable conduct' and their legal rep would ask the Judge to award all their costs. Hundreds.  Don't do that.

Oh, and as it's ZZPS who are 'close' to QDR solicitors, in my experience they will send him (in the next week or so) a scarily large Costs Assessment to frighten him.  Those costs are not awarded in small claims unless a party acts unreasonably.

Thanks very much for the detailed information.

I will continue asking if any scary cost assessments are sent.  I didn't think they could do that at this stage, but good to know.

It is just very frustrating that now it is at the stage the claimant is now beginning to think if it is even worth turning up.  Frightening people is there be all and end all, even when they are on the defendant side!