3 private parking tickets being pursued for all 3 and had a ccj claim made

[Barbudaprince]

An important point for the day of the hearing. There is one procedural issue you should be prepared to raise at the very beginning of the hearing before the case itself begins. This concerns the rights of audience of the person who may appear on behalf of the claimant.

In the covering letter to the claimant’s bundle, BW Legal state clearly: “Please note that our client will be represented by an advocate, who will be in attendance on our client’s behalf.” This wording is significant. It clearly states that BW Legal will not be sending one of their own solicitors or employees, but instead will instruct a third-party advocacy agent to attend the hearing on their behalf.

This is the common model used by bulk litigation firms. The solicitor on record conducts the litigation from their office and then instructs an advocacy agency to send a freelance advocate to the hearing. That advocate usually has had no involvement in the litigation and has simply received a brief shortly before the hearing.

This exact situation was considered in the case of VCS v Langley [2026] EWCC 1. In that case the court examined whether a freelance “solicitor’s agent” instructed through an advocacy agency had a right of audience. The court held that such an advocate does not automatically have that right.

The key finding in Langley was that advocacy alone does not amount to assisting in the conduct of litigation. If the person attending the hearing has done nothing in the case other than receive a brief and appear to speak at the hearing, they are not assisting in the conduct of litigation and therefore cannot qualify as an “exempt person” under the Legal Services Act 2007.

Because of this, you should be ready to raise the issue when the case is called on.

When the judge introduces the case, the claimant’s representative will normally introduce themselves. It will typically be something like: “I appear for the claimant as an advocate instructed by BW Legal” or “I am instructed by BW Legal through an advocacy agency.”

Once they have identified themselves, politely ask the judge if you may raise a preliminary matter before the hearing begins.

Explain that BW Legal’s letter states that an “advocate” will attend on the claimant’s behalf, and therefore you would like to clarify whether the individual present has rights of audience.

You should then ask two simple questions of the advocate.

First, ask whether they are employed by BW Legal, the solicitors on record for the claimant.

Second, ask whether they have taken any step in the conduct of the litigation, such as preparing documents, corresponding with the parties, or otherwise dealing with the case prior to today’s hearing.

In most cases the answer will be that they are a freelance advocate (sometimes referred to as a "solicitors agent") instructed by an advocacy agency and that they have had no involvement in the litigation before attending the hearing.

If that is the case, you can explain to the judge that this appears to be the same arrangement considered in Vehicle Control Services v Langley. In that case the court held that an advocate who has taken no part in the conduct of the litigation and has been instructed on an advocacy-only basis is not assisting in the conduct of litigation. The court therefore concluded that such an advocate does not qualify as an exempt person and has no automatic right of audience.

You can then respectfully invite the court to determine whether the claimant’s representative has any right of audience before the hearing proceeds.

The judge has discretion in how to deal with this. The judge may conclude that the advocate does not have rights of audience and require the claimant to proceed without them. The judge may exercise discretion and allow them to appear anyway. Alternatively, the judge may decide that the claimant cannot proceed if they are not properly represented.

The important point is that this issue must be raised before the substantive hearing begins. Once the case has started it becomes much harder to challenge the representative’s right to appear.

Do not argue the point aggressively. Simply raise it as a procedural issue based on the wording of BW Legal’s own letter and the reasoning in Langley, and then allow the judge to decide how to deal with it. Make sure you have copies of the transcript for both the judge and the advocate that you can provide at the time.

I note that my notice of allocation to the small claims track (hearing) states the hearing of the claim will take place at 10 am on the 29th April 2026 unless the claimant does by 4 pm on the 30th of March 2026 pay to the court the trial fee of £59 and file a probably completed application. Is there anyway I can check if this hearing is still going ahead i.e the claiming as satisfied the two requirements? Would it be by emailing the court? Thanks