uc cpm county court decided for ppc

[bobbi]

In court today. Defendant has very poor English. I attended having helped get paperwork together. He had permit to park had straddled bays too small for midern cars to fit in.

We had Jopson and Bull prepared as sign was prohibitive not terms of parking. Further included line 'terms only apply to.those parking without permission'

Arrive an hour early. No show by UKCPM go in and judge refuses my request to represent. I am a notified witness in the respons to claim and our counter claim.

Judge asks defendant to speak and he answers questions. I ask to.submit my evidence. Judge instructs defendant to ask me questions!! I offered the cases referred to in my statement. Said no contract without consideration. All waved away as introducing arguments not facts.

As for right to appeal. Refused. Have form from court asking circuit judge to consider an appeal.

The defendant not even a tenant. Used permit to come and take kids (nephew (preschool) and niece (infant)) to medical appointments.

We had their WS 24/12/18 , his xmas day. He couldn't get help from until 4/1/19. Needed to send his WS by 2/1/19 which absent any proof of use of land or sign as 2016 we had responded in time but by the 6/1/ had a fuller defence statement which was posted to court and emailed to Gladstone.

If I have screwed it up by not following practise direction I'd rather know now before going on with appeal.

The defendant does not undestand written english beyond the most simple english.

This mess came about as he was in a hire car via insurance claim so multiple notices to keeper unt.hire company nails him for an administrative charge tgat he understood to be 'having paid the ticket'

Right old mess

[bobbi]

FIRST DRAFT

Ntc to Appeal


Claimant did not attend


Lay representation order xxxx overuled by not having read 16b McKenzie

If a guidance note is sufficient to decide on an order
Mistake. I had read it. Judge easily could have easily allowed 5 mins for me to read it.

Claimant

withheld terms of contract (sign) until two weeks before hearing , CPR 16 PD 16.4 7.3 to 7.5

Claimant

Witness statement had impossible address. Not a Brighton Postcode

Witness is not an employee of the claimant. She is litigation manager of Gladstone s xxxcxxx

Address of witness is registered office shared with numerous other limited companies. Witness not known at that address


Defence


The defendant nor his family can read complex english . He brings all documents to work and we read and explain.

Before the hearing I prepared a single sheet of paper with the contract terms offering no.parking and excerpts from PCM v Bull where it was decided contract was void with a similar sign.

The defendant understood this. Wrote on it
“contract void for no consideration” and signed it.

One copy went into.chambers and another we held for claimant/representative.

With me I had more cases for defences of unloading not parking and proof the marked bays were too small for anything other than the smallest if cars.

Nothing we had on the day was hidden from the claimant

The cases were listed in my statement at the end of my argument. They were there as the defence we had was weaker (on assumptions of signage used in 2018 applied when the contended charge occurred)

The claimant withheld likely damning evidence until emailing it on 24/12/18 . This date is their Xmas day and 40 pages of was not sent to me until 2/1/19.

2/1/19 was the date we needed to send our bundle to claimants solicitor and I sent on.that date evidence they likely did not have (e.g.bay dimensions) that the defendant needed to reky on in court.


By 6/1/19 I did all I could to submit a revised witness statement but January is our busiest month at work.

I sent what I had and worked to develop arguments to take with us. All these based on evidence the claimant had. No ambush.


Retrial

Cases similarly decided by district judges when cases heard.

Sign (terms) have been abandoned by claimant as not sufficient for standards of their parking association

Public interest in better guidance for courts and lay representation if part heard by a higher court



As a lay representative I have assisted in his eviction … I am sure solicitor for lanord would write I was helpful to both parties in amicable settlement


Any knowledge here on retrial being allowed on procedural matters