my draft defence Gladstones - PCM Court action

Sassii

Hi, it's now 15 days after set aside hearing date. I called the court this morning asked them if the Claimant appealed the court order or not but they confirmed not.

As I knew PCM has only 14 days to appeal after the court hearing not after the court order sent, is that right?. Did they missed the appeal period so I can enforce the court order?.

Regards

Coupon-mad

I would wait till next week as it's the weekend...then swoop!

Sassii

Coupon-mad wrote: »

I would wait till next week as it's the weekend...then swoop!

Just read form 207 saying PCM / Gladstones has 21 days to appeal from the court hearing date, is that right?.

Regards

Loadsofchildren123

yes it's 21 days as far as I know

Sassii

Loadsofchildren123 wrote: »

yes it's 21 days as far as I know

Phoned the court and confirmed they received pcm appeal application on the day 21 after hearing. Thinking to send a letter to court to stike out that appeal application & ask for costs, what do you think?.

Regards

System

Phoned the court and confirmed they received pcm appeal application on the day 21

It's what they do.

Depends if they have a case or not. They've paid to put an argument in front of a judge. Lets see what they say.

logician

^^^

Indeed as IamEmanresu says - an appeal application has apparently been lodged which will need to be on a legal grounds why the judge erred in the decision.

Loadsofchildren123

An application for an appeal is made first on paper. There is no requirement for you to respond, but neither is there anything to stop you doing so.


If the judge decides there is no appealable point, then (s)he rejects the appeal on paper. The appellant then has the choice to ask for a hearing. Again, no requirement for you to participate, but if you have proper objections you should make them.


You should be served with the appeal application, so you can see the basis of the appeal and whether and how to respond to it.


If they are refused permission both on paper and at any hearing they ask for, then that's an end to it.


if they are granted permission, a date for a proper hearing will be set, at which case you must respond formally to it and turn up to the appeal hearing.


The legal "test" for an appeal is quite high: they have to show at the start that they are likely to succeed, which is very hard.


By the way, an appeal does NOT stand as a stay (ie suspension) of the original order. The order under appeal is still enforceable. So unless they've applied for a stay, you are entitled to receive those costs.

Sassii

Loadsofchildren123 wrote: »

An application for an appeal is made first on paper. There is no requirement for you to respond, but neither is there anything to stop you doing so.


You should be served with the appeal application, so you can see the basis of the appeal and whether and how to respond to it.


By the way, an appeal does NOT stand as a stay (ie suspension) of the original order. The order under appeal is still enforceable. So unless they've applied for a stay, you are entitled to receive those costs.

Hi all,
I got PCM appeal application in the below link:

https://www.keepandshare.com/doc16/20456/epson033-pdf-167k?da=y

Points no. 1 & 5 never happened and the judge never said ''the Claimant had a reasonable prospect of success''.

Also the reasons stated in appeal application is totally different from from administrative error stated in set aside application.

So could you please help how to reply to that while I'm preparing a reply draft.

Regards

[Deleted User]

Jeepers! That form looks as though it was filled in by a 3 y.o. with some Crayolas. It is also a farrago of citations, dates and hearings.

1. What is the order that they are appealing against? My recollection was that there was:
(a) a failure to pay court fees that got them struck out;
(b) an order for costs;
(c) a hearing in which the PPC applied to set aside the costs order (not the strike out).

They specifically state the 04/01/18 order is appealed (and nothing else), so what exactly does that say?

2. If I'm correct at (1) above (and that's a big IF) then in principle, the appeal is limited to the costs issues, not the strike out of their case as (i) their set aside application never sought to challenge the strike out (ii) the court never reinstated the claim (iii) they are out of time to challenge the ORIGINAL order, namely the strike out.

It appears as if the Claimant seeks to use the costs hearing/issues as a "back door" to reinstate the claim. Without seeing the order it's tricky to fully understand the position.

In any case, you need to prepare a skeleton argument and file it asap in response.

You should know that the PPC is technically correct (albeit that they don't make the point well) that they should have had more time/notification before the costs hearing in September. However, that disregards the points raised above.

Other comments:
Evidence of an email asking the court to take a fee is not the same as establishing that there were funds in the account and that the fee account number provided was correct.

Whilst one may assume an automated fee payment scheme is working in normal circumstances, if it were me, once I was under threat of strike out, I would indeed get off my bony [donkey] to double-check the fee had been paid out, not just send an email and assume it would happen.

Denton specifically notes that pressures of work (i.e. volumes of cases) is not a good reason for failure to comply. The PPC has a claim in negligence against Gladstones to the extent that they are out of pocket.