Court Hearing at Birmingham County Court Next Week - Do Gladstones Actually Turn Up?

Mikeh2001

hh2000 said:

The blog (which belongs to a law firm that employs Mr, Yamba), is just being used there to evidence that Gladstones have had dozens of cases thrown out (sometimes at the same time) and is being unreasonable as a result. Of course, in the actual argument, I rely on CEL v Chan.

I understand your point but an internet blog could have been written by anyone.  I could be complete fiction and is not admissible as evidence.

hh2000

Interestingly, 4/10 small claims cases listed for the 2nd May are Euro Parking Services, and all 8/10 are parking cases....

Coupon-mad

hh2000 said:

Interestingly, 4/10 small claims cases listed for the 2nd May are Euro Parking Services, and all 8/10 are parking cases....

Could you take a screenshot of the list but redact the defendants' names please?  Or a quick photo of the actual list in the waiting room then redact the names for forum viewing?

I think this could-be useful for me to show the DLUHC that I wasn't making it up when I said that many courts are drowning in parking claims.

Grizebeck

Coupon-mad said:

hh2000 said:

Interestingly, 4/10 small claims cases listed for the 2nd May are Euro Parking Services, and all 8/10 are parking cases....

Could you take a screenshot of the list but redact the defendants' names please?  Or a quick photo of the actual list in the waiting room then redact the names for forum viewing?

I think this could-be useful for me to show the DLUHC that I wasn't making it up when I said that many courts are drowning in parking claims.

I've sent you the daily list showing this via email. It's on courtserve. 

Fruitcake

It was recently mentioned by Ian Hislop on Have I Got News For You that the courts are drowning in cases that are causing massive delays for hearings to take place, yet judges and special courts to solely to hear deportation cases have been made ready.

hh2000

Coupon-mad said:

hh2000 said:

Interestingly, 4/10 small claims cases listed for the 2nd May are Euro Parking Services, and all 8/10 are parking cases....

Could you take a screenshot of the list but redact the defendants' names please?  Or a quick photo of the actual list in the waiting room then redact the names for forum viewing?

I think this could-be useful for me to show the DLUHC that I wasn't making it up when I said that many courts are drowning in parking claims.

Sorry for not seeing this before the hearing @Coupon-mad, but I'm glad @Grizebeck could be of assistance.

I've just come back from the hearing, which was actually a 'Dispute Resolution Hearing', so the judge was trying to arbitrate and allow both sides to reach an amicable settlement. Honestly seems like a waste of the court's time, given that Euro Parking's absolute minimum offer was £140, and the court had the powers to strike out the case before this hearing today, and the Judge today could have also struck it out.

What happened instead was that the Judge played the neutral arbiter role, and after hearing both sides, advised the Claimant that the case did not have a reasonable chance of succeeding. His conclusion was due to the CPR argument and the evidence that the car park was completely dark. If Euro Parking do not withdraw their case, I will use that as evidence of 'unreasonable behaviour', given that they have had clear indication from a judge that their case does not have reasonable grounds for success.

Another interesting thing is that the Claimant was not represented by Gladstones - their representative was a paralegal who worked at Euro Parking Services. The judge pointed out that he did not have the right to represent the company, as he did not have a letter of authority and was not a director of the company. I will also use this as evidence of unreasonable behaviour - they sent someone with no authority to make a deal on their behalf to try and make a deal.

All in all, it went well, but I'd like to ask your advice on two points:
1. What do you say to 'did you expect to park for free?' For context, this was not a paid car park, it was a free one and Euro Parking is saying the vehicle overstayed.

2. I have very bad anxiety (and a diagnosis of PTSD) due to intubation for over 7 weeks during the first wave of COVID. My son was with me to act as a lay representative (he helped prepare most of the defence). The judge let my son speak, but said that 'there is no such thing as a lay representative'.

However, I understand that this is possible under Practice Direction 27A:

"(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."

This is also explicitly laid out in the Equal Treatment Bench Book: 

"Under section 11 of the Courts and Legal Services Act 1990 the Lord Chancellor authorised the Lay Representatives [Rights of Audience] Order 1999.19 This is also set out in CPR 27 PD 3.2 (2). This Order survives the 2007 Act coming into force. It authorises lay representative to appear in small claims."

I emailed the court more than two weeks in advance of the hearing to ask that my son appear as a lay representative, and followed up multiple times, including by phone, and it was confirmed that my request had been received. I didn't receive a reply, so called the line for 24 hours before cases yesterday, and they confirmed that a request had been filed. Does anyone have any ideas as to how I can ensure that the judge in the Final Hearing is aware of the concept of a lay representative and allows me to use one?

Thank you everyone for all your help, it's been ever so useful!

'

 

KeithP

hh2000 said:

 Does anyone have any ideas as to how I can ensure that the judge in the Final Hearing is aware of the concept of a lay representative and allows me to use one?

'ensure' is the difficult bit.

Suggest you take to the next hearing a printed copy of the Lay Representatives [Rights of Audience] Order 1999. 
It's a simple one page document and in amongst some 'padding' it succinctly says...
     any person may exercise rights of audience in proceedings dealt with as a small claim

Coupon-mad

1. What do you say to 'did you expect to park for free?' For context, this was not a paid car park, it was a free one and Euro Parking is saying the vehicle overstayed.

Your lay rep says yes, because it was advertised in big letters at the entrance (if it was?) as free parking and there were no prominent terms to say otherwise.

This is all about the signs. Of course a driver thinks they can park free in a free car park!

Be confident.

And if a Judge said "there's no such thing as a Lay Representative" to me in court I would have quietly and politely handed him a printed copy of the Lay Reps Order 1999.

hh2000

The sign at the entrance to the car park is as below:



It doesn't say it's free, but does mention it's customer parking, and we were customers. It's also only visible there because we took the photo above with the phone's flash. All other signs were at the back of the car park and unlit (which I note, and which the Judge in today's hearing emphasised a number of times to the Claimant).

patient_dream

hh2000 said:

The sign at the entrance to the car park is as below:



It doesn't say it's free, but does mention it's customer parking, and we were customers. It's also only visible there because we took the photo above with the phone's flash. All other signs were at the back of the car park and unlit (which I note, and which the Judge in today's hearing emphasised a number of times to the Claimant).

That is an EDWARD LEAR sign, in other words rubbish

No mention it is Euro Car Parks.  To anyone, it is car park without terms