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Gemini/gladstones claimform - Windscreen PCN Queens hosp Romford - P+D ticket !***Claim Dismissed***


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Rule 1 of fight club-

never email a parking co or their solicitors. That advice is given in about 50% of the posts on here. You will only cause trouble for yourself as they will nnow email you stuff at mignight and claim that it is served. Block their email addy straight away. I am very disappaointed.

 

 

printed to drop to the court tomorrow, also email to gladrags - even though on their email signature it says they dont accept documents by email ! Yet see no problem sending them out by email !! As far as im concerned its served.
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as for your witness staement, start off by staing that there is no contract, etc etc because....

then go into the fact they have failed to produce the planning permission in response to a CPR 31.14 request and haven't put it in their evidence either so you believe they dont have it and thus the signage is there illegally so cannot offer a contract without it being an unlawful criminal compact and you cant agree to that anyways.

 

then do the same with their contract with landowner, say you believe that they dont have the assignment of the rights to enter into contracts with the public etc.

then go into details of the rebuttal fof their evidence.

 

Make sure you have hard copies of everything you refer to so print out the web pages, other cases you want to refer to and so on. the judge isnt going to sit at a laptop and browse stuff.

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We never said you could

But it wont get that far anyway i bet

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The court have told my partner Today on the phone that I can’t taln on her behalf unless she fills in a form and gets the judges permission ?

 

Correct you require the courts permission...you can attend and sit but not speak without permission...otherwise....

 

https://www.legislation.gov.uk/ukpga/2007/29/schedule/3/crossheading/rights-of-audience

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What do you need help with ?

We could do with some help from you.

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Dont talk to them outside of court!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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:thumb:Well done..thread title amended

 

Andy

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Well done

Dont forget to donate if you can

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hmmm. I stand corrected in what I said earlier in the thread then. I honestly thought that a Lay Representative (i.e. you) would automatically get a right of audience.

 

Everyday is a school day as they say. Apologies for the mistake.

 

 

Well done on the dismissal though :first::thumb:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Problem is that many judges havent read the law regarding lay reps so you have to take a copy with you to show them what is what.

 

It should be on the list of go withs such as copy of the POFA, copy of the town and Country Planning Act and so on. Also allows you to ahve a pop at their paralegals right of audience as well as without the paperwork the judge may just decode they will hear them to avoid getting t wrong and wasting more cort time on an appeal over that.

 

 

Hmmm. I stand corrected in what I said earlier in the thread then. I honestly thought that a Lay Representative (i.e. you) would automatically get a right of audience.

 

Everyday is a school day as they say. Apologies for the mistake.

 

 

Well done on the dismissal though :first::thumb:

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OK, I've been looking in to this, because it was bugging me :lol:

 

The Lay Representatives (Right of Audience) Order 1999 is the empowering legislation that means that someone, in this case, you, does have a right of audience before the court providing that the defendant, in this case your other half, is present. Or if special permission is given by the court for her to be absent (although that's unlikely to be granted).

 

Perhaps the court were mixing up "Lay Rep" and "McKenzie Feind" (:wink:) as a McKenzie would definitely need the permission of the Judge before being allowed to open their mouth to address the court.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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CPR 27.3.2 (3)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27#3.1

 

(3) However the court, exercising its general discretion to hear anybody, may hear a lay representative even in circumstances excluded by the Order.

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So I was correct then, and the court seems to have mixed things up?

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Its still usual to inform the court before hearing and get their blessing,

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I'm not seeing where it needs to be. :|

 

The legislation and CPR say "any person" and not 'any person as long as we know who'

 

 

What if you decided to use a Lay Rep long after the DQ was submitted? On the morning of the hearing for instance.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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I'm not seeing where it needs to be. :|

 

The legislation and CPR say "any person" and not 'any person as long as we know who'

 

 

What if you decided to use a Lay Rep long after the DQ was submitted? On the morning of the hearing for instance.

 

You would have to inform the usher or court manager on arrival.

We could do with some help from you.

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Perhaps 2ltr16valve could expand on how he/if got to speak ? And what his judge allowed.?

We could do with some help from you.

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Sorry for the delay, I had to go back to work. My boss let me take a few hours out to go to court with the partner :)

 

On arrival at court we let the Usher know that my partner wanted me to be able to help her and talk on her behalf sometimes (aside from evidence).

 

After agreeing with us that her phone could remain on in the court room due to the babies ill health, they gave us a 'McKenzie Friend' form to fill in, which the Judge accepted.

 

I asked the usher if the other sides Solicitor had turned up, and she pointed to a lady and said she was a Solicitors Agent. So I queried her right to represent there and then.

 

After a delay we were called in and the Judge acknowledged I was there as well as the two parties, The judge began straight away with Gladstones bundle of evidence - which he picked holes in, in agreement with the witness statement We wrote.

 

Firstly the pictures were incorrect, not showing the correct location. The judge just shock his head.

 

He then went onto the discrepancy in the NHS site and their own terms,

The 'agent' tried to argue that, that should be something we as the defendant take up with the NHS and not their problem.

 

The judge shot her down straight away, stating its his view that its down to Gemini to take up with the NHS being that their own information is at odds with their own T&c's therefore misleading.

 

The 'Agent' then went to try and push the point about the small square signs on lampposts that state 'disbled badge holders must pay and display' or somthing along those lines, that this should override the nhs information as it makes it clear

The Judge disagreed with this also,

 

I made the point the signs are high up on the lampposts

- therefore are difficult for disabled users to see,

especially those in wheelchairs

- which the Judge wholly agreed with.

 

The 'agent' tried to slide in some evidence which the Judge remided her she was not allowed to give or submit, not being a solicitor !! LOL

 

Case Dismissed.

 

But we forgot to ask for costs ! :( although that was at the end of the WS ?

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Ahh, they do seem to have mixed things up between Lay Rep and McKenzie then, but no matter in the end, I knew that website would sink them. :thumb:

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Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Ahh, they do seem to have mixed things up between Lay Rep and McKenzie then, but no matter in the end, I knew that website would sink them. :thumb:

 

 

 

 

They seem to mix a lot up lol, like allowing the claimants paying 3 days late and not striking the claim out like in the order

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