To ask for your small claims court experiences - nervous

[Theduchessstill]

I am in court next week defending a parking fine. The closer the date draws, the more it is playing on my mind, even though it's not really the end of the world either way - but I could do without spending £200 on nothing.

I have been all over the internet, but still can't get a picture in my head of who says what and when, how to address people, where we'll be sitting etc etc. The little things really but the fear of the unknown is playing on me.

Can anyone help with stories/details etc?

Have you sought help from Pepipoo or the MSE forum? There are some real experts on there at dealing with parking companies, with lots of experience.

Yes, I've been on MSE and they have helped enormously with the whole process and the legal stuff. But tbh, they are a bit scary on there and everytime I go on I seem to get told off for breaking a rule they have or not going on there enough! They are great and knowledgeable people, but all I want now is a kind of idiot's guide to the day itself!

When you arrive at Court find the floor where the hearing is and check in with the usher there. Just say who you are and what case you are there for.

Wait in the waiting area until you case is called. The other party's advocate may come and introduce themselves before hand. If they have a legal representative it is usual that they may show you where to sit.

When the case is called go to the right hearing room (am assuming the claim is being heard in chambers). Knock and enter, don't wait. It's usual to Bob your head slightly and say Good Morning/ Afternoon Sir/Ma'am as you enter.

Sit on the front row, usually Claimant to Judge's right and Defendant to Judge's left but it really doesn't matter if you get in the 'wrong' place.

Assuming the judge is a District Judge or Deputy Dostrict Judge you call them Sir or Ma'am. (On the notice board outside by the usher it will say who the judge is). If in doubt ask the usher before you go in. They are usually identifiable by black cloak and are usually v helpful.

Take a pen and paper and your key documents. Make notes. There should be water in front of you.

Try not to interrupt the other side or address things to them. Address everything to the judge.

The claimant goes first. Then you get a chance to say what you want to say. The Judge may ask questions too.

Good luck!

Thank you - that's what I wanted to read.

So essentially one speech each and then maybe some questions? That's scary. So in my speech, I can refer to and counter claims that they have made in their statement that I have had in advance? Or do I just stick to what happened from my point of view without referring to their evidence?

But tbh, they are a bit scary on there

Oh, I know! I can just picture them all bristling at the first line of your OP - “It’s not a fine, it’s an invoice.” 😉

No advice from me on court - I’ve always managed to defeat mine before they got that far - but I hope you beat the bastards. Good luck!

Blimey, I've won three times at the Small Claims in two different areas and my hearings weren't anything like as formal.

We sat at a long wooden table in a quiet room with the judge at the end. The judge wore normal office clothes, nothing very formal. The two sides set opposite each other.

The Small Claims is set up to make it easy for individuals to represent themselves. They don't like it when people try to bully or intimidate. When the other side in one of my cases stood up and started making a pompous legal speech the judge told her very dryly to sit down, did she think she was on TV?

You just need to be extremely truthful and clear. That's what wins the day. Be prepared. Make sure you know all the facts.

A couple of tips:
Befriend the usher - they’re generally lovely and always happy to help. Say to them that this is your first time and you’re nervous and chances are they’ll take you under their wing.

Chances are you’ll be sitting round a table. You won’t have to stand up to talk and the Judge is unlikely to be bothered about everyone being in the right place. Let the claimant go in first (particularly if they’re legally represented) because that’ll help you know where to sit.

Don’t speak unless the Judge asks you to - you will get your turn, but not much irritates a Judge more than someone interrupting. Let the claimant outlive their case. Write a note on anything you disagree with so you can address it when it’s your turn.

When it’s your turn, start by saying in a couple of sentences what your case is: “I’m asking you to dismiss this fine on the basis that...”. Definitely use the claimant’s statement and address the Judge on what you disagree with and why. Then set out your own position.

You’ll be fine. Judges are very very used to people representing themselves and will help you through the process. Sometimes if I’m against someone in person I feel my client is worse off!!

Good luck

I went with my brother to small claims court. I can only describe my experience and different councils and people may be different.

We were block booked at 10am , we were in a waiting area and the court officer took our names and case numbers. I went along as support and in case of anything to read as my brother is dyslexic. Court officer told me i may not be allowed in as i was not listed on the documents but he would ask the judge. There were other people waiting for other court cases. Lawyer for the parking company turned up and attempted some pre court settlement. My brother would not settle. However the lawyer was ok with me being there.

We saw one other pair go in and come out before us. Court officer went in and asked the judge about me. Judge was ok with it. So we went in at about 11.

The room was a small court room, so had judge podium at the front with three rows of tables facing it. The rows were split in half one side for plaintiff and one side for defendant. 4 chaurs on each half. There were additional chairs for the audience along the sides and back of the room 2 or 3 rows. We went in, it was just the lawyer for the plaintiff and me and my brother. We all sat down, judge asked who was who. The lawyer introduced herself, judge asked my brother if he was the defendant and asked who i was to him, my brother explained that he couldn't read so well so had brought me, lawyer interjected that they were ok with it.

Judge then proceeded to explain some rules, plaintiff speaks first. Defendant second and no interruptions tolerated as both sides will get to speak. Some other ground rules and safety instuctions (in case of fire, if we need a break etc.)

Lawyer went first, outlined the case and quoted from the 50 pages they had sent as part of the claim quoted the laws and regulations under which they thought they had the right to enforce this ticket and fine and she went on at some length. Judge then asked her some clarifying questions that needed a yes or no answer and she went on for at least 3 paragraphs (and tried to argue that a printout was as good as a close up of said sign, when the judges poin was that they were clearly not the same sign and the symbols were in different places.

Moved onto my brother, who explained in brief what had actually happened on the day he parked and subsequently with the appeals etc. Judge asked him a question or two.

Plaintiff got the right to respond to anything and she flustered her way through as she hadn't got our response. I assured the judge that our response had been sent to the parking company at the same day as it had been sent to the court. Judge said that he had a copy therfore it was filed properly. She had a couple of other things to say but when she was done he moved back to my brother to see if he wanted to say anything else.

Once he was satisfied there was no more to be added by either party he moved on to summarising and judgement. It was rather longwinded but he prefaced it by saying he was explaining everything again as this would be the official judgment that there would be a transcript of entered into the records so he had to go over what happend including a description of the car park where it happened he summarised why the car park company felt it could impose the fine and then our counter argument that it was not properly signed so my brother did not know he had parked there and regs say the markings should be on the ground not on an 8ft high pole. He made some remarks about fairness and balance of probability and the points of law he was using to come to his judgement. And then ruled in favour of my brother.

Lawyer wanted to appeal, he said she could not appeal here that she had to appeal within a month of the judgment in writing to the circuit judge, she continued to appeal saying her bosses would expect her to and she didn't see why she lost as my brother did not deny that he did the thing he did so he did the wrong thing and should be fined and judge had to explain that it was because the sign was not in the right place therfore my brother did not knowingly do the wrong thing. She did say ignorance is not a defence but the judge continued to say that the tiny sign was not enough, she asked if they were being ordered to change it and he said he does not have that power, he can only say that is why my brother won, what the company does about it is up to them. She eventually dropped it and my brother thanked the judge and we all said bye an went home. Total time in court was just less than 1 hour.

We never got a summons for the circuit judge.

I sued a massive airline and literally 2 days before court they phoned and settled in full.

It will probably cost them more to send lawyers to defend (sand the risk of precedent against them), so don't be surprised they do the same - or just don't show up at all, so you win by default.

Are parking fines dealt with through the small claims court? I always thought it was simply an interview with someone who then makes a decision about right or wrong. At least that's what happens on Dominic Littlewood's programme!

Some v. good advice upthread! I would just add to pay close attention when the other side speaks and be ready to note down anything you will want to challenge, query, clarify, emphasise etc. when you have your chance to speak. Sounds obvious but the temptation if you're nervous can be to rehearse what you're planning to say rather than listening to them.

Good luck! 🍀

Yy to the writing notes. With my brother the lawyer said something about the dept of transportation leaflet i found being for councils only and not applicable to them as they have a different governing body whose rules they voluntarily obey and are certified by. I underlined the passage in the leaflet where it said all car park owners so my brother could use it as part of the rebuttal.

We did get hushed a few times where we tried to speak before our time. You do have to take turns and wait for them to finish, we got up to a third time round before we were done so they can respond to you and you rerespond to them until both are done.

The most important thing to remember is- be prepared for a long wait, you may be on the list for 10 but that doesn't mean that you will get to go into court at 10- hearings are often block listed as many cases settle at the last minute- often whilst they are waiting to go in. Make sure you have enough on your parking ticket to last all morning- you may not be able to go out to top up! If you aren't there when a judge is ready for you, you may not be seen.

Once inside it's all very informal and relaxed. Don't try and swallow a dictionary/ law book- judges do not like that. Do not lie! They see through lies. Just get your facts straight, prepare what you want to say in advance (bullet points are great for that).

Thanks all and especially musereader for such a detailed account - that's helped loads.

I am prepared I think and in some ways looking forward to having my say - just hope I come out on top!

How did you get on in court?