Author Topic: Court Claim by Euro Parking Services  (Read 1174 times)

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Re: Court Claim by Euro Parking Services
« Reply #15 on: »
Tere has to be. reason the judge dismissed the case and it isn't "just because it was for 2 minutes". It will be because there was no possibility of a contract being formed without a minimum consideration period.

No contract formed, therefore no valid claim. Claim dismissed.

The fact that the defence is a template should not be a factor. The defendant is allowed to use all available resources to submit a defence. That defence was put together by a long serving district judge. It was based on the fact that the claimant failed to comply with CPR 16.4(1)(a) (as do all claims submitted by Gladstone's). However, the attached transcripts are only persuasive, not binding.

So, the judge was not obliged to strike out the claim for the CPR 16.4(1)(a) failure, even though it was perfectly suitable to request that it was. What are the point of rules if they are not followed?

When you went to court with your friend, did you ask the usher to tell the judge that you would be their lay representative and show them a copy of the
The Lay Representatives (Rights of Audience) Order 1999?

Anyway, a win is a win. As stated in so many posts, the odds of it going all the way to an actual hearing a slim and even then, there is a very good chance that it will be successful.

I did, I asked the usher if it was ok if I assisted him and the usher said as its small claims then its no problem, then he wrote my name down in a box under my mates. When we walked in I asked the judge where to sit and if I could assist, calling myself a "lay representative" - he replied "no such thing" and said I had to sit at the back.
« Last Edit: May 13, 2025, 03:40:01 pm by oscar21 »

Re: Court Claim by Euro Parking Services
« Reply #16 on: »
did this case really need all that CPR stuff at the begining to try and get it thrown out?
The overwhelmingly vast majority of the cases we advise on get discontinued before they reach a hearing (I think yours is perhaps the third case we have seen out of the several hundred over the past couple of years that has actually wound up in the courtroom), which is where the 'CPR stuff' comes from.

Very good to hear that you got a judge that chose to apply some common sense (although he seems to have an issue with 'template defences', but not template particulars of claim that don't adequately meet the relevant civil procedure rules...).

If you had told us from the outset that you were helping a friend, we could have advised you on steps to take to allow you to represent him (or at least sit alongside providing advice as a potential McKenzie Friend).

All in all, it sounds like a very good result for your friend, who it sounds ought to be rather more grateful to you!

I agree with all of that, if it was me I would never fold on stuff like this, I would always take it all the way and every time I have done in the past for stuff like speeding I've always come off winning or not that bad. Years ago I turned a potential 3 points into an absolute discharge by taking it nto court and speaking up.

However my mate is now convinced that you dont need pretend internet Perry Masons quoting stuff that they have no idea what it even means and all you have to do is tell the truth to come out on top.