Free Traffic Legal Advice

Ok, thanks for your assistance to date.

It’s not clear if your statement “you defended with a load of detail that you should not have mentioned” refers to the defence para 1-14 (which you seem to be supportive of as a preliminary matter to have raised at that stage) or para 15:2 (which seems to be irrelevant) or para 17-41? Perhaps someone else could assist me on this point?

Also, I would appreciate it if someone could answer the following:

1.   If the PoC failed to abide by CPR 16.4(1)(a) then I’m not understanding how the additional information presented in the defence has changed that. Why might it not have gone to a hearing without that additional defence info, yet it is now going to a hearing because of it? Perhaps there is a stage in the process where an application can be made direct to the court in advance of defence being filed/served?

2.   Presumably all the other arguments in the defence / WS about who was driving / Pofa / landowner authority (para 37)  / inflated claimed amount / etc are still solid?

3.   I understand that it’s the claimant’s responsibility to distribute document bundles, does this happen on the day? Presumably we would be well advised to bring our own copies along with a  copy of rules regarding Lay Representatives?

4.      How, exactly, do I request the judge to strike it out as a preliminary matter? is it just a case of bring it up right at the start of the hearing?

Thanks

witness statements were due (and delivered) by 30th May.

could defendant submit a supplemental WS about the preliminary matter re: CPR 16.4(1)(a) ?

thanks again...

here are the requested documents relating to the case in one pdf. all court deadlines were met by both parties and the case has been moved to son's local court with hearing listed for early July
https://drive.google.com/file/d/1vjL8etH4PgLiISoM8_TaUMQ8OAH7J4da/view?usp=sharing


any comments appreciated

Seeking some advice about acting as a lay representative for my son. Can I be both a lay rep and / or a witness depending upon the claimant’s case as presented at the hearing?


The complication is that on two occasions very close to each other his car was parked in the same car park and since it took them 2 years to bring the claim, he doesn’t know which of the events the claim relates to and was thus not able to properly defend.

The single picture on the ntk shows him standing next to the car and states ‘driver observed leaving the site’. On one of those occasions I was the driver and the car park sign stated that the driver must remain in the vehicle whilst the car was parked (I did remain in the vehicle whilst he went into a nearby shop = no breach). On the other occasion he was alone and parked the car then went into a restaurant which is on the limit of the car park. However, the sign specifically states that customers of said restaurant were not permitted to park there (thus no offer of contract was made to restaurant customers).
In order to determine which event the claim related to so he could defend accordingly, he sent the claimant a formal letter pursuant to CPR 31.14 requesting further information (no reply) followed by a subject access request seeking disclosure of further information (no reply). He filed and served defence (based upon guidance here and elsewhere when PoC are vague requesting court to dismiss the case) followed by WS based upon the assumption that the claim related to the occasion when I was the driver. I also provided a WS stating the same.
When claimant’s WS arrived it showed additional pictures of son’s car arriving in the car park and of him walking off-site but still doesn’t actually show who was driving the car so we still don’t know which occasion the claim relates too. However, the car park has lots of cameras around it and it’s possible that claimant will present even more pictures at the hearing which actually show that he is alone in the car when it was parked and therefore clarify which event the claim relates to.
He’s not comfortable defending himself if the hearing goes ahead so I plan to act as a lay representative for him whilst also being a witness (though my witness statement would be irrelevant if the additional pictures showed that the claim is based upon the occasion when he went alone).
I can’t find anything which states that a lay representative cannot also be a witness (or withdraw a witness statement during the hearing) but thought it wise to seek better-informed opinions and advice.