*WON* 70 Page PROSECUTION STATEMENT - Parking Eye!!! - won

[R0b]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

If you are going to use the cases to back up your points you will need to do it succinctly and argue it reasonably well. Chucking case law at the judge with no point or reason behind wont put you in good stead.

Personally I would scrub (5) incorporation, is irrelevant here if there isn't even a contract.

What did you actually put as your defence?
I am not entirely convinced you could raise all of the points in court if they weren't raised in your defence initially, or at least expect some backlash from the other side because you would be bringing a fresh defence, which they had not been made aware of, although you could argue an adjournment for them to consider a response.

[Penny1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Hello Rob,

My actual defence statement is attached to the first post on this thread.

I believe I could justify using points 2), 3) and 4) from original defence.

Point 1) and 5) has not been mentioned in the original defence. If 5) (incorporation) is going to be a problem then I can miss it out.

But point 1) I believe is vital to the success of this case. Possibly I can justify by saying that I did mention in the defence statement that no contract exists, but the reason in the defence statement is due to darkness and signs not being seen...

How long does adjournment take? I can't afford to take another day off work xxx

[R0b]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Sorry I missed the word document underneath the pictures. Scrub (5) and use the rest I think and whatever M1 has said as well.

An adjournment wouldn't be necessary if you aren't introducing anything new, unless they request an adjournment.

By the way, whats the article on rights of audience for? are they employing someone who is not a qualified solicitor to represent them?

[Penny1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Re: rights of audience
From my basic understanding of that article, PE use LPC in their court cases.
However, LPC only send an 'agent' i.e. someone who is not a qualified barrister or solicitor.
Under the Legal Services Act 2007, these 'agents' do not have a right of audience.
So the claim should be struck out before I even open my mouth :judgey:

[Penny1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

BTW I thinking of getting my dad to be a lay representative for me. What is an acceptable reason to give the court? I can't say I'm going to be wetting myself so wouldn't be able to stand and give a speech to a court room full of people...I get shy very easily xxx

[Openlaw15]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

If you are going to use the cases to back up your points you will need to do it succinctly and argue it reasonably well. Chucking case law at the judge with no point or reason behind wont put you in good stead.

Personally I would scrub (5) incorporation, is irrelevant here if there isn't even a contract.

What did you actually put as your defence?
I am not entirely convinced you could raise all of the points in court if they weren't raised in your defence initially, or at least expect some backlash from the other side because you would be bringing a fresh defence, which they had not been made aware of, although you could argue an adjournment for them to consider a response.

CPR rules are that you can ask the court for permission to use information which wasn't in your original defence statement either because you over-looked it or because these events have only just come to light.

- - - Updated - - -

BTW I thinking of getting my dad to be a lay representative for me. What is an acceptable reason to give the court? I can't say I'm going to be wetting myself so wouldn't be able to stand and give a speech to a court room full of people...I get shy very easily xxx

Penny, if you're a litigant in person your dad under the law could act as a McKenzie Friend, he can be privy to all the evidence in the interim hearing as though he were you, then whilst the court hearing is live, he can whisper instructions etc.

[Openlaw15]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Reading my Directions it say 'Neither party may rely at the hearing on any report from an expert unless permission has been granted by the court beforehand.'

So everything i have gained from you experts won't be allowed to be used in court unless I tell them i have used legal beagles?

Aww Penny. That made me giggle am sorry. Expert means like a psychiatrist for the defence or claimant etc. So, it doesn't apply to you!

[des8]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Your father can also act as Lay Representative and speak on your behalf.
See Practice Direction 27 Sec 3(http://www.justice.gov.uk/courts/pro...rt27/pd_part27)
and The Lay Representatives (Right of Audience) Order 1999

You will have to explain to the judge that the gentleman accompanying you is your father, and you want him asyour lay representative
In case you get a dinosaur as a judge it is worth taking a copy of the order with you to court.

I have acted as lay representative for family and friends and never had a problem.

Don't want to cause an "accident", but it is likely that even with a lay representative the judge will address questions to you.
As the claimant (PE) won't be present, and so not subject to questioning by you (you can't question the LPC person) you should confirm that to preserve the balance LPC will not be allowed to question you.

[Openlaw15]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

BTW I thinking of getting my dad to be a lay representative for me. What is an acceptable reason to give the court? I can't say I'm going to be wetting myself so wouldn't be able to stand and give a speech to a court room full of people...I get shy very easily xxx

Penny your dad can represent you as lay person under the law actually: section 11, Courts and Legal Services Act 1990, and Lay Representatives Rights of Audience) Order 1999, but normally only a lawyer can, ie solicitor, barrister, legal executive can. You dad will have to compose himself though. Or you could ask the court for permission to use your dad as McKenzie Friend. I have found this guide for litigant in person (ie acts without a lawyer), p.11, paragraph 61 explains what a McKenzie Friend can do too: https://www.judiciary.gov.uk/wp-cont...finalised_.pdf

[Penny1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Hello all,

I'd rather not do the McKenzie friend thing...i literally will go bright red and wont be able to speak, well not coherently anyway lol.

I'm sure i read somewhere that i have to let the court know beforehand that I wish to have a lay representative with me. And I have to give the judge a reason as to why I would like to have a representative. Then s/he can give me directions of something like that xxx

Let me know if that is just rubbish and i can just turn up. Cheers guys xxx

[Amethyst]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

You can write a letter to the Court to give notice that your father will act as lay representative and will be presenting your case. It's not imperative though as you can inform the court usher on the day as permission is at the discretion of the judge and is usually granted. No specific reason is necessary but if you are informing beforehand then just say the truth, that you find court very intimidating and worry you won't be able to put forward your case due to nerves xxxx Writing may be better then the judge at least will have pre notice - even if the usher looks at you blankly and says you have to ask permission.

[des8]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

You can just turn up, but I always have the party I am accompanying write to the court advising of the intention to bring a lay representative as permitted by The Lay Representatives (Right of Audience) Order.
Tell them it is to be your father, who is acting out of regard and not for payment.
I have never had a problem or been refused.

Crossed with Ame, as was diverted by our hounds having a difference of opinion!

[Openlaw15]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Hello all,

I'd rather not do the McKenzie friend thing...i literally will go bright red and wont be able to speak, well not coherently anyway lol.

I'm sure i read somewhere that i have to let the court know beforehand that I wish to have a lay representative with me. And I have to give the judge a reason as to why I would like to have a representative. Then s/he can give me directions of something like that xxx

Let me know if that is just rubbish and i can just turn up. Cheers guys xxx

Penny1, the courts according to relevant publications (the litigant in person i posted above), generally do err on the side of caution with Lay Representative requests especially in family court type situation. However, in your circumstances there should be no reason why your father will not be permitted. McKenzie Friend is just a contingency really.

[Penny1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Hello all, thank you for such a fantastic response to the lay representative question.
I wonder if someone could just clarify the following point for me:
9. CANCELLATIONS
9.1 It is the Customer’s responsibility to keep Permit Holders details up-to-date on
ParkingEye’s Website. As each offence and Parking Charge costs money to generate and issue, each Site is allowed to cancel a maximum of 20% of offences generated at the Site such cancellations to relate only to offences generated by persons whose details were not (but should have been accordance with this clause) inputted or updated by the Customer as Permit Holders. ParkingEye reserves the right to terminate with 30 days’ notice, where the percentage of such cancellations exceeds this for 2 months (8 weeks) as a result of failure by the Customer to keep the Permit Holders’ details inputted or updated.

One of my defence points is that the principal had the right to cancel the tickets. Could PE not argue that the gym had exceeded the 20% limit that month? Love everybody on here xXx
.

[Openlaw15]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Hello all, thank you for such a fantastic response to the lay representative question.
I wonder if someone could just clarify the following point for me:
9. CANCELLATIONS
9.1 It is the Customer’s responsibility to keep Permit Holders details up-to-date on
ParkingEye’s Website. As each offence and Parking Charge costs money to generate and issue, each Site is allowed to cancel a maximum of 20% of offences generated at the Site such cancellations to relate only to offences generated by persons whose details were not (but should have been accordance with this clause) inputted or updated by the Customer as Permit Holders. ParkingEye reserves the right to terminate with 30 days’ notice, where the percentage of such cancellations exceeds this for 2 months (8 weeks) as a result of failure by the Customer to keep the Permit Holders’ details inputted or updated.

One of my defence points is that the principal had the right to cancel the tickets. Could PE not argue that the gym had exceeded the 20% limit that month? Love everybody on here xXx
.

Penny, I have a question as Parking Eye (on the claimant statement) say you parked on two occasions, ie 7 Oct and 15 Oct, 2015. Were you just given permission by the gym's manager 7 Oct, and not for Oct 15 2015?