County Court Claim from BW Legal for Excel Parking

[R0b]

Re: County Court Claim from BW Legal for Excel Parking

The SA is an expansion of your GFA. An SA is not intended to replace your oral arguments at trial but rather assist the court in understanding your appeal so it should be relatively brief. I'll provide an example later tonight of how you should look to set it out and what to include. See this link for for an outline of how to set out a SA https://www.justice.gov.uk/courts/pr...52/pd_part52#V

You also need to file an appeal bundle within 35 days of the appeal notice being delivered to court (I'm not sure if the SA requires an earlier time but I'll double check). What needs to be included in the bundle is set out in the Civil Procedure Rules here under Practice Direction 52B, section 6.4. I would suggest you read the whole of the PD so you get a flavour of how an appeal works.

https://www.justice.gov.uk/courts/pr...-high-court#VI

The above should get you started anyway, but all you are doing at this stage is applying for permission, it's not guaranteed so you will have to wait and see - alot of work is required for appeals in a short space of time so you need to keep on top of things.

I'll provide a little more info on bundles too later today.

P.s. Did you email BW legal about asking if they are instructed to accept service of the appeal notice? If they haven't responded or you didn't then you need to at the very least send a copy of your appeal notice to Excel perhaps both email and post (keep proof of postage receipt) so that they are on notice of your appeal. This should be done within 7 days after filing.

[Jimbo Jetset]

Re: County Court Claim from BW Legal for Excel Parking

Thanks again for the assistance. I emailed bw and had their auto-respond email back on Tuesday but nothing since. I'm away over the weekend but will send a copy of the appellants notice to excel on Monday.

[Jimbo Jetset]

Re: County Court Claim from BW Legal for Excel Parking

Oh the joy of the 'system'!

I returned to the house late yesterday to find the order, dated 17th July and my appellant notice returned, as my application for help with fees failed on the benefits part of the test! Turns out the benefits agency has stopped my ESA but not approved my JSA as there are delays in moving from one benefit to another that has to be dealt with by a specialist team?!? I am currently awaiting a phone call to 'help my situation'....

So quick question. Do I re-submit my application with a covering letter regarding the arrival of the order, as it has been date stamped for receipt by the court, or do I make out a new appellant notice for submission today, being the 28th day after judgement of 26 June? As I suspected there is no note on the order of the 28 days for appeal granted by the DJ!

And what do I do if I cant obtain some sort of proof of benefits today? Do I send a cheque for the fees and hope to get it back later when my proof of claim is available or will it just be subject to me winning my appeal, if it's granted and the cost of it being awarded?

I'm really, really fed-up.

Apologies for the whinging

Jimbo

[Jimbo Jetset]

Re: County Court Claim from BW Legal for Excel Parking

Right, I have resubmitted my appellants notice along with the order, a new 'help with fees application' and a covering letter as suggested by the courts customer services. I'm sure they will find a reason to return it again but I shall try to remain positive and start getting my SA etc together.

[R0b]

Re: County Court Claim from BW Legal for Excel Parking

Hi Jimbo, sorry I haven't replied, must have missed this off my list. I'm afraid I don't know much about help with application fees but it sounds like you have one the right thing in re-submitting your application as this is probably what I would have done.

In future, it might be better to tag me as I get notifications which might be easier for me to respond - you can do this by using [MENTION=71570]R0b[/MENTION] (with a zero no the letter).

[Jimbo Jetset]

Re: County Court Claim from BW Legal for Excel Parking

Well unsurprisingly my appellants notice was returned yesterday with a note to say that it could not be processed with a 2nd application for help with fees. I had to provide proof of benefits for the original application that failed so a trip to the job centre finally provided this. I then returned the whole thing in the envelope it came in, with a note written on the outside of the envelope stating the proof of benefits was now enclosed, to the dropbox at the court. I await its return....
Presuming it doesn't come back in the next few days I shall send a copy to Excel as I haven't had a confirmation of their receiving of documents from bw illegal.

[Jimbo Jetset]

Re: County Court Claim from BW Legal for Excel Parking

Well [MENTION=71570]R0b[/MENTION] it seems that after much to-ing and fro-ing my appellants notice has finally been accepted, however they have returned a copy to me and state that the respondent has been served. I thought I was the respondent? Does this mean I should now send copies to bw illegal, do I need to send in a skeleton argument now and does it have to be in triplicate. Also, do I have to submit an appeal bundle yet or is this only necessary upon leave to appeal being granted?

Jimbo

[Spudandros]

Re: County Court Claim from BW Legal for Excel Parking

Well @R0b it seems that after much to-ing and fro-ing my appellants notice has finally been accepted, however they have returned a copy to me and state that the respondent has been served. I thought I was the respondent? Does this mean I should now send copies to bw illegal, do I need to send in a skeleton argument now and does it have to be in triplicate. Also, do I have to submit an appeal bundle yet or is this only necessary upon leave to appeal being granted?

Jimbo

Are you still looking for The Excel vs Smith appeal? I have the full transcript.

[charitynjw]

Re: County Court Claim from BW Legal for Excel Parking

Are you still looking for The Excel vs Smith appeal? I have the full transcript.

If you could send me a copy, I'd be grateful.
I've got the Lamoureux judgement.
Smith would be the cherry on the icing!

[Spudandros]

Re: County Court Claim from BW Legal for Excel Parking

If you could send me a copy, I'd be grateful.
I've got the Lamoureux judgement.
Smith would be the cherry on the icing!

I'll tag you in the "other" place :-)

[charitynjw]

Re: County Court Claim from BW Legal for Excel Parking

I'll tag you in the "other" place :-)

Lol!

Gawd......sounds painful!

[MIKE770]

Re: County Court Claim from BW Legal for Excel Parking

I'll tag you in the "other" place :-)

Oh! I Say lol

[Spudandros]

Re: County Court Claim from BW Legal for Excel Parking

Oh! I Say lol

[Jimbo Jetset]

Re: County Court Claim from BW Legal for Excel Parking

Yes please [MENTION=105408]Spudandros[/MENTION], unfortunately I couldn't find a copy of the Smith case transcript. Reckon I'd have won if I had it so might well help in my appeal, if I ever get there....

[R0b]

Re: County Court Claim from BW Legal for Excel Parking

Well @R0b it seems that after much to-ing and fro-ing my appellants notice has finally been accepted, however they have returned a copy to me and state that the respondent has been served. I thought I was the respondent? Does this mean I should now send copies to bw illegal, do I need to send in a skeleton argument now and does it have to be in triplicate. Also, do I have to submit an appeal bundle yet or is this only necessary upon leave to appeal being granted?

Jimbo

Hi Jimbo,

In appeal cases you are the appellant i.e. the one making the appeal and the other side is the responding i.e. responding to the appeal. From the above letter, it looks as though the court has already served the appeal on the Claimant so there would be no need to send it to BW Legal. It is up to Excel to decide if they wish to contest it.

As for the Skeleton argument, yes you should start preparing it now - the CPR states that as soon as practicable or within 35 days of filing the appeal notice, a Skeleton Argument should be filed which should be paginated and indexed, and containing only the documents relevant to the appeal.

Have you done a skeleton argument before? More importantly, have you received the Order from the CC? If not you best chase them up and say you have an appeal pending so you need an Order ASAP.