Court Case WON!!! on 9th Jan, Gladstones and NPML grilled

dejam

Hi Guys, 

I used to be active on the forum then life took over. But, I started here and have been helping people ever since win cases using the forum, still have my 100% record after dozens in the bag. 

I am also the same AMIS95 guy, I lost access to that account as it was an old work email that was registered with. This was one of my early days work.  

I need some quick advice. A family member came for help. Got an ANPR pcn, (looks like followed POFA and signs guidelines), they tried to transfer liablity but apparently the details weren't enough. Didn't attend mediation. Anyway, got a court date on the 9th Jan 26 and only done a very basic defence (couple of lines). Didn't do a WS either. She is a volnerable lady who cares for children so asking me to do something. I am thinking of writing a skeleton argumant agains't their WS and send it now and take it to court on the day. It should be fairly straightforward (if missing deadlines is accepted) as the driver entered for less than 2 minutes and left within those 2 minutes. However, after looking at the map of the location, submitted with their WS, It looks like the car never entered the drawing on the map. At wors't maybe a foot of the back of the car at max entered the boundary. 

Any advice if it's still ok to do a Skeleton Argument? The deadline for WS was July 2025 however, they only received their WS bundle from claimant dated 18th Dec (last week). So she had nothing to base the WS on and was totally out of depth to do anything tbh.

She won't be able to attend court so I will attend as a lay rep.

Help would be greatly appreciated.

Thanks 

DA

Le_Kirk

I think you will find she still has to attend court.

Gr1pr

Which private parking company claimant  ?

Which solicitors  ?

You can act as a lay representative,  but only if the defendant attends, otherwise you have no authority, no Right of Audience 

Her WS is due at the same time as the claimants,  typically 2 weeks before the hearing but after the hearing fee is paid,  so IMHO it wasn't due months ago, it was due 10 days ago, same as theirs 

The defendant should email the WS to that court ASAP on Monday,  no excuses 

troublemaker22

A lay rep only has automatic rights of audience when accompanied by client  -https://www.legislation.gov.uk/uksi/1999/1225/made.  Lawyers with practising certificates can attend without their clients.

You can ask the judge for permission on the day and, as it's a small claims track case, the judge might give you permission to address the court in your client's absence, but there's no guarantee of success.  With no WS and no advocate, your client could be in trouble unless the judge spots a flaw in the Claimant's case.

I've sent you a message.

dejam

Gr1pr said:

Which private parking company claimant  ?

Which solicitors  ?

You can act as a lay representative,  but only if the defendant attends, otherwise you have no authority, no Right of Audience 

Her WS is due at the same time as the claimants,  typically 2 weeks before the hearing but after the hearing fee is paid,  so IMHO it wasn't due months ago, it was due 10 days ago, same as theirs 

The defendant should email the WS to that court ASAP on Monday,  no excuses 

Thanks, it's National Parking Management and Gladstones. She was set the deadline of July 2025 when the court sent her the letter with the court date which on 9th Jan. 

dejam

troublemaker22 said:

A lay rep only has automatic rights of audience when accompanied by client  -https://www.legislation.gov.uk/uksi/1999/1225/made.  Lawyers with practising certificates can attend without their clients.

You can ask the judge for permission on the day and, as it's a small claims track case, the judge might give you permission to address the court in your client's absence, but there's no guarantee of success.  With no WS and no advocate, your client could be in trouble unless the judge spots a flaw in the Claimant's case.

I've sent you a message.

Thank you for the advice. I will reply privately. 

Car1980

Does she have any specific disabilities?

You may have more chance with the judge if you attended, with evidence of any mobility issues, and ask if she could participate via the phone. 

Coupon-mad

I think the OP is being helped.

dejam

Hi Guys, 

Just wanted to update you regarding the hearing today. Following the post in this forum, @troublemaker22 and I teamed up and broke the case down. We submitted a couple of WS for the defendant and one from the passenger who was present at the material time. We also managed to submit a Skeleton Argument just in time.

The case was fairly straightforward, and the judge immediately dismissed it on two grounds. Whether the car entered past the boundary of the land was questionable, and the fact that the keeper gave them the name and address of the driver. 

However, we hit home hard with the schedule of costs as Gladys made every mistake under the sun with this one and behaved unreasonably. No Grace Period was mentioned by the judge, breach of POFA 5.1, flawed Particulars of Claim, but most damning of all, submitting an unlawful WS by a Paralegal, all resulting in an award of costs which was £60 to the defendant and over £1500 pro bono costs to the defendant's representive which is all going to the charity The Access to Justice Foundation. Ouch Gladys!!!!

While we faced a poorly prepped rep sent by them who didn't stand a chance to his own admission, @troublemaker22 and I had a great day out, lovely lunch, and a chance to catch up. 

So, thank you all, as usual, another one down with a direct hit to their pockets, couldn't have done it without you. 

special thanks @troublemaker22

All the best  

Coupon-mad

dejam said:

Hi Guys, 

Just wanted to update you regarding the hearing today. Following the post in this forum, @troublemaker22 and I teamed up and broke the case down. We submitted a couple of WS for the defendant and one from the passenger who was present at the material time. We also managed to submit a Skeleton Argument just in time.

The case was fairly straightforward, and the judge immediately dismissed it on two grounds. Whether the car entered past the boundary of the land was questionable, and the fact that the keeper gave them the name and address of the driver. 

However, we hit home hard with the schedule of costs as Gladys made every mistake under the sun with this one and behaved unreasonably. No Grace Period was mentioned by the judge, breach of POFA 5.1, flawed Particulars of Claim, but most damning of all, submitting an unlawful WS by a Paralegal, all resulting in an award of costs which was £60 to the defendant and over £1500 pro bono costs to the defendant's representive which is all going to the charity The Access to Justice Foundation. Ouch Gladys!!!!

While we faced a poorly prepped rep sent by them who didn't stand a chance to his own admission, @troublemaker22 and I had a great day out, lovely lunch, and a chance to catch up. 

So, thank you all, as usual, another one down with a direct hit to their pockets, couldn't have done it without you. 

special thanks @troublemaker22

All the best  

Flipping brilliant news. Well done both!

ANOTHER ONE BITES THE DUST!

  

Gr1pr

Great stuff and a definite loss ( and no gain. ) for National Parking Management and Gladstones Solicitors 

I am happy to see that vulnerable people were ably assisted by IF such that the victims and representative won

Happy New Year to you all

As CM said above , please change your thread title to something more suitable