Speaking on Behalf of Someone Else in Court/Remote Hearing Location

Snuff11

Hello,

A parking company filed a suit against my wife for an alleged parking violation. We lived in the South of England and the trial was set in that area.  We have since moved to Scotland, which makes it difficult to attend the trial. We have contacted the court regarding a change of venue (to Carlisle or Newcastle) and they said that this requires an N244 form at the cost of £275.

My wife attending the trial does not make economic sense, but I can do it. Technically, I was the driver and I did all of the paperwork, so it won't be a problem in that regard. However, will the judge approve me speaking on her behalf, or will I be wasting my time? Do I need to bring something with me? Any other suggestions for our situation?

Many thanks.

Fruitcake

The defendant must be present or they will lose. You, or anyone else can act as their Lay Representative, but the defendant must be present as well.

You do not want it heard in an English or Welsh court at all, but I'm not sure how you could get the case heard in Scotland once a hearing date for it to be heard in the courts of England and Wales has been set.

Hopefully one of the solicitors/lay reps/someone more court savvy than I who regularly posts on this forum can help.

I do believe the defendant does need to tell the claimant, their solicitor, and the courts of their new address. For the first two,  send a rectification notice to the DPO of both, instructing them to erase their old data and replace it with their current address for service. Make sure to use the word I have highlighted. They will need to include proof of ID and proof of address.

I do not know how to instruct the court to do the same.

I would be interested to know the consequences of a judgment against the defendant in the County Courts of England and Wales with regard to someone who now lives outside the jurisdiction of that court.

Coupon-mad

It's not a violation or a suit. Both are Americanisms.

Which PPC and which solicitor? There will be no hearing if it is DCB Legal.

DE_612183

Coupon-mad said:

It's not a violation or a suit. Both are Americanisms.

Which PPC and which solicitor? There will be no hearing if it is DCB Legal.

Although if it is DCB Legal and they know the defendant is no longer near the court - they may proceed on the basis they may win by default?

I know I'm probably giving them too much credit for intelligence! 

Coupon-mad

Don't tell them anything about the difficulty in attending the hearing. They will discontinue if it is DCB Legal.

Snuff11

Coupon-mad said:

It's not a violation or a suit. Both are Americanisms.

Which PPC and which solicitor? There will be no hearing if it is DCB Legal.

Sorry, I've only lived in Britain for three years now, still learning. It's ParkingEye, Samantha Woodhouse.

Grizebeck

I personally would ask the court for a cvp/telephone hearing 

Snuff11

Grizebeck said:

I personally would ask the court for a cvp/telephone hearing 

That also involves the N244 form at the cost of £275.

Coupon-mad

Is that because they've already set a hearing in person?

Surely an application to change a detail (without the other party consenting) costs £108 - an application without a hearing to decide what you are asking for - not £275.

I think the court clerk told you wrongly. £275 is the N244 fee for application that needs an extra hearing to decide the application.  You won't need an extra hearing!

How about asking ParkingEye for consent to move the hearing date or location, or set it as a CVP hearing?   I think they'll agree to the latter.

When both parties agree, I think there is no fee.  She (NOT YOU as you are a third party) should Email ParkingEye and ask if they will agree:

enforcement@parkingeye.co.uk

Snuff11

Coupon-mad said:

Is that because they've already set a hearing in person?

Yes.

Coupon-mad said:

Is that because they've already set a hearing in person?

Surely an application to change a detail (without the other party consenting) costs £108 - an application without a hearing to decide what you are asking for - not £275.

I think the court clerk told you wrongly. £275 is the N244 fee for application that needs an extra hearing to decide the application.  You won't need an extra hearing!

I'll check that out.

Coupon-mad said:

How about asking ParkingEye for consent to move the hearing date or location, or set it as a CVP hearing?   I think they'll agree to the latter.

When both parties agree, I think there is no fee.  She (NOT YOU as you are a third party) should Email ParkingEye and ask if they will agree:

enforcement@parkingeye.co.uk

Do you think they'll agree? What's in it for them?
In case they'll refuse, what other options do we have? 

Many thanks for your help!

Coupon-mad

In her email she should tell them a CVP hearing (if they agree) has value to them because:

(a) it saves a significant difference in travel cost and hours of time of their legal rep.

(b) for both of you - the D and her lay rep - to be expected to travel from HOME TOWN IN SCOTLAND will cost £2x train fares (or 2x flights at circa £1xx each) plus an overnight hotel, which she will seek as costs if the defence prevails.

End with:

If they do not consent to this, she will consider an application to strike out the claim due to lack of jurisdiction as she now lives in Scotland.

She might add:

Alternatively she is prepared to pay ParkingEye £35 (the court fee they paid) to settle the matter if they agree to discontinue.  She is not prepared to pay the PCN, which is disputed.