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#Post#: 82430--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: July 23, 2025, 6:42 pm
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Ok, let's cross that bridge if/when we get there. I know she
won't be happy representing herself [she'd find it too
stressful], and I'm not allowed to speak on her behalf. Not sure
we'd have much choice.
#Post#: 82443--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: jfollows
Date: July 24, 2025, 12:19 am
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--- Quote from: Eryobotrya link ---
>
> Yes, Bromley is our home court, but I actually requested The
Strand coz of easier access, etc. Seems we didn't get it.
>
> I take your points about CVP, but what about the advantages?
Eg, we turn up for a hearing (possibly with expensive counsel)
only to find out that our case has been deferred coz of
preceding overruns. Apart from which, the defendant has already
expressed her reluctance to take a day off work in order to
attend a hearing in person.
>
> I had to assure her that I would personally make good any loss
of celery.* I'd even be willing to throw a tomato at the
claimant. But seriously, does a CVP really put us at a
disadvantage that does not apply equally to the claimant? So
approx. evenhandedness is preserved, no?
>
--- End Quote ---
The claimant will discontinue rather than invest the time and
money to attend a court in person. They may well not discontinue
if they only need to “attend” remotely, from their offices in
Runcorn or wherever.
Hence the advice to ask for a hearing in person which will
always be at a court local to the defendant.
And if you follow advice here you don’t need “expensive
counsel”.
Yes, it’s a pain assuming it went as far as court, but you’re
not putting yourself in the claimant’s shoes. They won’t attend
in person for a £100 claim. It’s not their business model. It’s
why we advise what we do.
But only you know your thoughts, and if your friend would find
attending in person too stressful, however unlikely it is that
it would come to that, then do what you have to.
#Post#: 82474--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: b789
Date: July 24, 2025, 5:29 am
---------------------------------------------------------
--- Quote from: Eryobotrya link ---
>
> Ok, let's cross that bridge if/when we get there. I know she
won't be happy representing herself [she'd find it too
stressful], and I'm not allowed to speak on her behalf. Not sure
we'd have much choice.
>
--- End Quote ---
Why on earth do you think you'd need "expensive councel"? Of
course you can represent her in court as a Lay Representative
and speak on her behalf. The only requirement is that she has to
also attend. When you get to court, you only need to let the
Usher know that you will be representing the defendant as her
Lay Rep and ask them to inform the judge. You cannot be denied
that right. Print this out and wave it at them should you get
any resistance:
--- Quote ---
>
> [center]STATUTORY INSTRUMENTS
>
> 1999 No. 1225
>
> COUNTY COURTS
>
> The Lay Representatives (Rights of Audience) Order
1999[/center]
>
> Made 27th April 1999
> Laid before Parliament 27th April 1999
> Coming into force 18th May 1999
>
> The Lord Chancellor, in exercise of the powers conferred on
him by sections 11 and 120 of the Courts and Legal Services Act
1990(1) and having consulted the Senior Presiding Judge, hereby
makes the following Order:–
>
> [indent]1. This Order may be cited as the Lay Representatives
(Rights of Audience) Order 1999 and shall come into force on
18th May 1999.
>
> 2. The Lay Representatives (Rights of Audience) Order 1992(2)
is hereby revoked.
>
> 3.—(1) Subject to paragraph (2), any person may exercise
rights of audience in proceedings dealt with as a small claim in
accordance with rules of court.
>
> (2) A lay representative may not exercise any right of
audience:–
>
> [indent](a) where his client does not attend the hearing;
>
> (b) at any stage after judgment; or
>
> (c) on any appeal brought against any decision made by the
district judge in the proceedings.[/indent][/indent]
>
> [right]Irvine of Lairg, C.[/right]
> Dated 27th April 1999
>
>
> [center]EXPLANATORY NOTE
> (This note is not part of the Order)[/center]
>
> This Order provides for lay representatives to continue to
exercise rights of audience in small claims cases in the county
courts. Section 11 of the Courts and Legal Services Act 1990 has
been amended to facilitate the making of new Civil Procedure
Rules, under which small claims cases are no longer referred to
arbitration, but are allocated to a small claims track. This
Order does not alter current practice, but is made as a
consequence of those changes.
--- End Quote ---
As explained above, the reason for requesting a hearing in
person is that DCB Legal will discontinue if it is a hearing in
person. If it is a CVP hearing, they will just continue and
attend the CVP hearing. You can decide to continue with the CVP
hearing or request a hearing face to face which is highly likely
to be discontinued.
#Post#: 82566--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: July 24, 2025, 2:46 pm
---------------------------------------------------------
Good points gentlemen, and of course I'll follow your advice on
that. The more I put their nose out of joint the better.
On the question of my rights as her Mackenzie friend, I must
have misunderstood a previous comment in this very thread. I'll
see if I can find it and quote it here for clarification.
Thanks again.
#Post#: 82574--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: b789
Date: July 24, 2025, 3:33 pm
---------------------------------------------------------
You are not a McKenzie Friend. Do not conflate the two roles. Do
a bit of research on the difference! A Lay Representative is
different!
#Post#: 82584--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: July 24, 2025, 4:17 pm
---------------------------------------------------------
Aha! That explains a lot. I thought they were one and the same
thing, hence my confusion. So ok, no expensive counsel then.
#Post#: 91656--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: September 26, 2025, 10:32 am
---------------------------------------------------------
--- Quote ---
> There remains the strong possibility it is discontinued.
--- End Quote ---
etc etc.
Spot on. The defendant received N279 on 9th Sept. What a
surprise.
Thx for all the help. We are forever in your debt.
#Post#: 91659--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: b789
Date: September 26, 2025, 10:48 am
---------------------------------------------------------
Well done for persevering. Can you please show us the N279,
especially the signature of whoever put their name to it.
You now have an opportunity to get your own back and to possibly
get some costs for their unreasonable behaviour.
#Post#: 91668--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: September 26, 2025, 11:48 am
---------------------------------------------------------
Sure. Watch this space.
Not sure we incurred any xpenses as such.
#Post#: 91676--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: September 26, 2025, 1:27 pm
---------------------------------------------------------
Here ya go, hopefully:
HTML https://imgur.com/a/mPDbXUe
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