[Emergency]Harassment : Deadline to make an appeal against the court decision

PeterHook

Hi all,

I am new in this forum and I am not sure to be in the right category and also sorry if it is not the case.

A month ago, I have made a claim/complaint for harassment against my neighbors with who my girlfriend and I are sharing the property.

However, I have received today a letter from the county court with the date at the top of 30 October 2013 while the letter itself is saying the following (terminating with a different and early date):

Claim Number : xxxxxx
Date : 30 October 2013

Before District Judge XXXXXX sitting at Lambeth County Court, Cleaver Street, Kennington Road, London, SE11 4DZ.

Upon the courts own initiative without a hearing

IT IS ORDERED THAT
The Claimant shall pay Defendant's costs assessed at £300.00 by 13 November 2013.

CPR 3.3 (5)
Because this Order has been made by the Court without considering representation from the parties, the parties have the right to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.

Dated 23 October 2013

I found this decision very unfair and I would like to make an appeal for a new trial on the grounds of "error of law" or "abuse of discretion". Also, I would like to know if I can make an appeal for a new trial and the deadline for this appeal.

Thanks in advance for your help,

Peter

Oli.s

Did you go you the hearing? Did you have a solicitor? Why have you not responded before the deadline?

PeterHook

Oli.s wrote: »

Did you go you the hearing? Did you have a solicitor? Why have you not responded before the deadline?

There was a hearing and at this last the court asked me to make a proper claim under Harassment Act 1997 (while the defendant solicitor was saying there was not any evidence at that time against the defendant). After the hearing that has also been adjourned and I had been given 14 days to send the claim with further evidence and I made that on time : the evidences were containing police records and it is not possible that the court could fairly give the present without any mistake.

I had not received any letter from the court until today and the claimant still continues to destroy my postal mails until present (I have received the today's letter because I sent an email to the court yesterday asking for the outcome of my claim so I was staying in front the door waiting for the postman in order to collect my mails).

meritaten

are you saying that the defendant is intercepting your mail? This is a serious offense - and you should be complaining to the Royal Mail about it - it would be up to them to prosecute. also why not arrange to have a PO box and pick up your mail from there?

PeterHook

meritaten wrote: »

are you saying that the defendant is intercepting your mail? This is a serious offense - and you should be complaining to the Royal Mail about it - it would be up to them to prosecute. also why not arrange to have a PO box and pick up your mail from there?

I will make the complaint to the royalmail (again) during the next week. Previously, I have made the complaint to the postman and he told me that they cannot do anything against that.

PO box cost a bit and requires that I go to check there everyday for my email. I did that few months ago by redirecting and there was some delay due to the fact I redirect the mail. In addition, it seems that government mails does not follow the redirect address (goes to the original address).

HPoirot

So the letter was served on you today. Ring the Court tomorrow and tell them that you wish to make an application to set the order aside, and also make a fresh application. I would advise you to gather further evidence that they are destroying your mail: do you have any recent police complaints that you have made against them or similar, on the grounds of which you might want to base your new application. I would also advise you to see a solicitor over a new application if you have not already done so.

PeterHook

HPoirot wrote: »

So the letter was served on you today. Ring the Court tomorrow and tell them that you wish to make an application to set the order aside, and also make a fresh application. I would advise you to gather further evidence that they are destroying your mail: do you have any recent police complaints that you have made against them or similar, on the grounds of which you might want to base your new application. I would also advise you to see a solicitor over a new application if you have not already done so.

I called the court today and even went there : I am presently filling the N161 form (Appelant's notice). Is it the right form or it should be the N244 form (Application notice)?

My original question was about the deadline to appeal for a new trial since the deadline to set aside may be over.

PS : The Police does not want to get involved saying that it is a civil matter.

thorsoak

In the meantime, arrange to pick up your mail from your local Sorting Office. But make a complaint to Royal Mail.

PeterHook

thorsoak wrote: »

In the meantime, arrange to pick up your mail from your local Sorting Office. But make a complaint to Royal Mail.

Yes certainly, but at the moment I really need to file the form for tomorrow since I do not have presently the £200.

PeterHook

I believe it is the N244 but what should I put in the field ?

3. "What order are you asking the court to make and why?"

10. "What information will you be relying on, in support of your application?"

I have to deliver this in at the court box tomorrow since it is the deadline.

HPoirot

Hi, sorry was away for a moment. Yes you should use the N244 to apply against an order. If you want to appeal against the order then you should apply for a 'stay' now stating that you wish to appeal.

On what grounds do you wish to appeal? If you apply to set the order aside (still using N244) stating that you have further evidence of the harrassment, you can then submit the claim once again with all relevant evidence.