Court next week - DCBL - tips welcome

Le_Kirk

chickensoupman said:

They have paid the court fee and court date is set for Tuesday the 15th, I was hoping they would discontinue before the date but that does not seem to be the case (Unless they do the day before). Any tips for things to say in court? I've got the usual, photos of the signs that aren't clear, All of that. This is a single PCN, claiming 227£. I would represent my wife in court but I assume that is not possible?

Be honest and truthful when answering the judge's questions and it is the judge who  will guide you through the process.  You can represent your wife as a lay rep, just tell the clerk on arrival.  Look up and print a copy of the lay rep guidance - rights of audience - as some judges don't know it (shocking) and some claimants will try and prevent you acting for your her.  Have yourself a crib sheet with your important points on it guiding you to the relevant parts of your defence/witness statement.

Coupon-mad

Le_Kirk said:

chickensoupman said:

They have paid the court fee and court date is set for Tuesday the 15th, I was hoping they would discontinue before the date but that does not seem to be the case (Unless they do the day before). Any tips for things to say in court? I've got the usual, photos of the signs that aren't clear, All of that. This is a single PCN, claiming 227£. I would represent my wife in court but I assume that is not possible?

Be honest and truthful when answering the judge's questions and it is the judge who  will guide you through the process.  You can represent your wife as a lay rep, just tell the clerk on arrival.  Look up and print a copy of the lay rep guidance - rights of audience - as some judges don't know it (shocking) and some claimants will try and prevent you acting for your her.  Have yourself a crib sheet with your important points on it guiding you to the relevant parts of your defence/witness statement.

She has to attend too. I really hope she did a WS.

chickensoupman

So yesterday this got postponed until the 31st. So we have a few more days do prepare. Thanks for your tips

Car1980

Bellends. The onus is on the claimant to state their claim, not for the defendant to pay £313 to get them to do. And that's how it works, no matter how many times you use the word "respectfully" in your witness statement.

Coupon-mad

chickensoupman said:

So yesterday this got postponed until the 31st. So we have a few more days do prepare. Thanks for your tips

Has the D complied with the Order? WS and evidence filed and served?

chickensoupman

Coupon-mad said:

chickensoupman said:

So yesterday this got postponed until the 31st. So we have a few more days do prepare. Thanks for your tips

Has the D complied with the Order? WS and evidence filed and served?

Yes, all done at the beginning of June. We submitted it first, then they replied.

chickensoupman

I was thinking about something - since their evidence consists of photographs at the entrance and exit of the car park, could she claim that there is no actual evidence of the car being parked for over 2 hours, and say it is perfectly possible to assume the 13 minutes consisted of driving around, finding a space, and exiting at the end? As they have no direct photos of the car being parked, >2 hours apart?

I will also try to lay rep for her, as she is scared of going to court

Le_Kirk

Has the WS already been submitted?  If not, you could add those points, if it has, I would resist the temptation to send a supplementary WS unless the points you are making were already in the defence.  They could be raised with the judge at the hearing.  If you act as lay rep, she would still have to go to court with you.

Coupon-mad

chickensoupman said:

I was thinking about something - since their evidence consists of photographs at the entrance and exit of the car park, could she claim that there is no actual evidence of the car being parked for over 2 hours, and say it is perfectly possible to assume the 13 minutes consisted of driving around, finding a space, and exiting at the end? As they have no direct photos of the car being parked, >2 hours apart?

Yes this is a perfectly normal thing that you should be saying as lay rep! I would.

Clearly in a fairly large car park, there must be a consideration period and three minutes (or likely more than that) for her to drive in, round, find a space, park, then walk over to the sign and see she had 2 hours free (from the point of parking) is perfectly reasonable.

Then there must be the (mandatory in the CoP for many years) minimum ten minutes grace period at the end.

There was no breach.

chickensoupman

Ok so I think we got everything prepared, I've got notes on her defence etc, addressing what they mentioned in their witness statement and so on.

Any tips on countering potential arguments they might use? What do they normally try to say when this goes to court? What's their strategy?