Lay Representatives (Right of Audience)

akba

Hello everyone, and Happy New Year.

Previously, I inquired about representing my mother in court, given her limited English proficiency and ongoing health situation. From discussions in this forum, I've learned about the role of Lay Representatives (Right of Audience).

We have now received the Notice of Proposed Allocation along with Form N180. As I prepare to fill out and submit N180, I'm seeking guidance on when to formally introduce myself as her representative to the court. Is Form N180 the appropriate place for this (Witness/Translator), or is there a different stage?

For context:

• The claim date is 23rd October 2023.
• Acknowledgment of Service (AOS) date 31st October 2023.
• The claim is from DCB on behalf of UK Parking Control, concerning a free parking lot in a retail park, which we did not appeal.
• We received the Notice of Proposed Allocation letter with N180 on 29th December 2023, with a deadline of 15th January 2024.

Many thanks for your advice.

Fruitcake

I would wait until it is allocated to your local court, and then inform them beforehand. If you want the court to provide an official translator you will need to give them a reasonable amount of warning. If you intend to be the interpreter and Lay Rep, you should only need to give the court a few days notice, but it won't hurt to ask by 'phone or in person if possible a few weeks beforehand.

There are a couple of legally qualified regulars on this forum who might be able to give a more definitive answer, but I would err on the side of caution and ask at your court sooner rather than later.

On the day of the hearing you should explain to the court usher what is happening and ask them to pass a copy of the Lay Rep's right of audience to the judge beforehand, or bring it up as a preliminary matter as soon as you meet the judge.

First though, submit the N180, remembering to say no to mediation, and explain why.

The wording in this post will help. If it won't fit in the online form, create a text box, shrink the font size, and paste it in.

kryten3000

In the past I have just turned up on the day with a copy of the relevant order and introduced myself to the Clerk. 

They may send a note to ask the judge's permission, but this should not be necessary.

The only minor issue I have had was when the Clerk insisted I could only attend as a Mackenzie friend, but once in the hearing room that was not a problem for the judge.  Another time at the same court, a different Clerk just added my name to the list of attendees.

Unless you will also be acting as a translator for the Defendant, I would not mention on the N180 form, but the Defendant should write to the court a week or so ahead of time to inform them that you will be accompanying them as a Lay Representative persuant to The Lay Representatives (Rights of Audience) Order 1999.

Don't ask, tell and don't forget that the Defendant must attend the hearing.

akba

kryten3000 said:

In the past I have just turned up on the day with a copy of the relevant order and introduced myself to the Clerk. 

They may send a note to ask the judge's permission, but this should not be necessary.

The only minor issue I have had was when the Clerk insisted I could only attend as a Mackenzie friend, but once in the hearing room that was not a problem for the judge.  Another time at the same court, a different Clerk just added my name to the list of attendees.

Unless you will also be acting as a translator for the Defendant, I would not mention on the N180 form, but the Defendant should write to the court a week or so ahead of time to inform them that you will be accompanying them as a Lay Representative persuant to The Lay Representatives (Rights of Audience) Order 1999.

Don't ask, tell and don't forget that the Defendant must attend the hearing.

Great, Thank you for the info.

akba

Question regarding the N180 form. I have emailed it to CCBCAQ. Should I also email it to DCB (Claimant) or mail it?

KeithP

akba said:

Question regarding the N180 form. I have emailed it to CCBCAQ. Should I also email it to DCB (Claimant) or mail it?

Entirely your choice.
It would've made sense to send one email to the two addressees. That way you are pretty sure that if one addressee received it then there is a high probability that the other would have too.

akba

Hello Folks,

Today, I received a letter titled "General Form of Judgment or Order" which states that I failed to send my Directions Questionnaire with CNBC. The letter granted me an extension for submission.

However, I had indeed emailed the questionnaire in time to ccbcaq@justice.gov.uk and even received an auto-reply email from them. I have resent the questionnaire to the same email address. Could you please advise if there are any further actions required from my end in relation to this matter?

Many thanks

PDJAM

Hi, I had the same issue recently. I resent with proof of original DQ receipt and also phoned MCOL who added a note on my file just in case the second went missing.