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Thread: County Court Claim from BW Legal for Excel Parking

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  1. #101
    Jimbo Jetset's Avatar

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    Default Re: County Court Claim from BW Legal for Excel Parking

    Well I've done all I can @R0b with what I've got, big thanks for what you posted. However, looking at the appeal bundle index it would appear that I need the following:
    Respondent’s Notice
    Transcript of the judgment of the County Court
    Order of allocation to small claims track, which I'm guessing is for my appeal.
    Do I wait for these to arrive or do I send the bundle with them marked as items to follow upon receipt?

    I obviously dont want to run out of time but really cant face having everything returned from the court again.

    Any suggestions?

    Cheers


    Jimbo

  2. #102
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    Default Re: County Court Claim from BW Legal for Excel Parking

    You should already have an order for the allocation as that is sent to both sides when it is allocated.

    Did you send the application for transcript at public expense? You can provide a note of what the judge said however you should ideally get it agreed by the other side or at least attempt to. If you've made the application then I can't see how that can be provided until the application has been granted, though for namesake you could include a detailed note of the judgment just in case but make reference to this in your cover letter and also the fact that an application for the transcript at public expense has been submitted.
    DISCLAIMER: AS A PUBLIC FORUM, THE CONTENT POSTED BY ME IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS LEGAL ADVICE NOR DOES IT CREATE ANY KIND OF SPECIAL OR OTHER RELATIONSHIP BETWEEN YOU AND ME. IF YOU CHOOSE TO FOLLOW ANYTHING THAT I HAVE PUBLISHED THEN YOU DO SO AT YOUR OWN RISK AND COST, AND I CANNOT ACCEPT LIABILITY. YOU SHOULD ALWAYS SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


  3. #103
    Jimbo Jetset's Avatar

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    Default Re: County Court Claim from BW Legal for Excel Parking

    I submitted an ex105 to obtain the transcript at public expense at the same time as the appellants notice. I have only received the one letter from the court so far and they refer to an ex107, I guess this is the form for request of transcript if paying.
    Am I likely to receive any further correspondence from the court before I submit the appeal bundle etc? Should I wait much longer before submitting my skeleton argument and appeal bundle? Am I even in a position to send them yet? Not sure what to do right now.
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  4. #104
    R0b's Avatar

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    Default Re: County Court Claim from BW Legal for Excel Parking

    Hi Jimbo,

    Sorry I must have missed this, did you manage to file your bundle in time? is there any further updates?
    DISCLAIMER: AS A PUBLIC FORUM, THE CONTENT POSTED BY ME IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS LEGAL ADVICE NOR DOES IT CREATE ANY KIND OF SPECIAL OR OTHER RELATIONSHIP BETWEEN YOU AND ME. IF YOU CHOOSE TO FOLLOW ANYTHING THAT I HAVE PUBLISHED THEN YOU DO SO AT YOUR OWN RISK AND COST, AND I CANNOT ACCEPT LIABILITY. YOU SHOULD ALWAYS SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


  5. #105
    Jimbo Jetset's Avatar

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    Default Re: County Court Claim from BW Legal for Excel Parking

    Hi @R0b, currently all I have submitted is my skeleton argument. I have yet to receive the transcript of the original hearing along with the other documents I need to provide with the appeal bundle. As I previously mentioned, I am in a quandary as to what to do as I have yet to receive notice of my leave to appeal being granted.

  6. #106
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    Default Re: County Court Claim from BW Legal for Excel Parking

    I would send your bundle anyway, and perhaps a cover letter explaining what is outstanding and why it is not included if there is a valid reason for this.

    Perhaps contact the court and see what is going on with your appeal, it may be that it has been allocated to a judge to consider. Never best hanging around for weeks to hear from the court, should always keep checks on it and contact every couple weeks to get an idea of whats going on.
    DISCLAIMER: AS A PUBLIC FORUM, THE CONTENT POSTED BY ME IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS LEGAL ADVICE NOR DOES IT CREATE ANY KIND OF SPECIAL OR OTHER RELATIONSHIP BETWEEN YOU AND ME. IF YOU CHOOSE TO FOLLOW ANYTHING THAT I HAVE PUBLISHED THEN YOU DO SO AT YOUR OWN RISK AND COST, AND I CANNOT ACCEPT LIABILITY. YOU SHOULD ALWAYS SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


  7. #107
    Jimbo Jetset's Avatar

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    Default Re: County Court Claim from BW Legal for Excel Parking

    Finally managed to speak to someone at the court yesterday @R0b who told me that I have to wait for the circuit judge to grant me leave to appeal before they provide a respondents notice, as they don't involve the other side until the file comes back with approval. They also said that they can't progress my application for transcript at public expense until leave is granted and can't check for the ex105 as the file is with the circuit team. I was told to prepare my appeal bundle so I could submit it as soon as a decision was made and the necessary paperwork comes out from the court. Does this sound about right to you and should I call them regularly, say weekly, to keep on top of things?

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