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Help with IAS Appeals process

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Comments

  • The court stated the Claimant has to provide all documentation from myself and themselves in a bundle no later than 2 working days before the hearing.
    I'm playing it safe though and plan on emailing my WS and Evidence to them AND the court (even though they didn't ask for it) by the end of next week.
  • Coupon-mad
    Coupon-mad Posts: 155,232 Forumite
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    The date to file and serve (meaning to both the court and the claimant) is never as late as 2 days before.  That's the date by which to send an electronic copy to both, having already filed and served them in time (going by the Order that set the court date).
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  • KeithP
    KeithP Posts: 41,296 Forumite
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    shawon007 said:
    The court stated the Claimant has to provide all documentation from myself and themselves in a bundle no later than 2 working days before the hearing.
    I'm playing it safe though and plan on emailing my WS and Evidence to them AND the court (even though they didn't ask for it) by the end of next week.
    I'm getting confused now.

    Just two hours ago you said:
    Are they supposed to give me any information that they rely on during the hearing? They are cutting it a little late as the hearing is a month away.

    How are they 'cutting it a little late' as you have now told us the deadline is two days before a hearing that 'is a month away'? I think you are mistaken there anyway.

    I strongly suggest that you re-read all the Orders from the court - especially the one that gave you your hearing date. Look for a sentence something like:
    Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

  • Redx
    Redx Posts: 38,084 Forumite
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    edited 25 November 2020 at 6:45PM
    So you have 2 court orders to comply with

    Do not fail the court orders and lose by default , like this person did

    https://forums.moneysavingexpert.com/discussion/6010297/cpm-parking-charge-3-tickets#latest

    Stop ball watching and concentrate on doing your own obligations , not worrying about theirs , assume it is going to the final curtain when the large lady sings !

    You may want , stop the count , but it's clear that everything is counted , so not over until that final tally


  • I've done 90% of the WS - just need to scan some exhibits to complete the WS and arrange to get it sent to the Claimant's solicitors.
    Quick question - with telephone hearings, can we still put through £95 as loss of earnings under Ordinary costs or is that value only applicable to a physical hearing at a courtroom?
  • Umkomaas
    Umkomaas Posts: 43,712 Forumite
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    shawon007 said:
    I've done 90% of the WS - just need to scan some exhibits to complete the WS and arrange to get it sent to the Claimant's solicitors.
    Quick question - with telephone hearings, can we still put through £95 as loss of earnings under Ordinary costs or is that value only applicable to a physical hearing at a courtroom?
    It relates to having a loss of earnings or annual leave caused by the necessity to attend the hearing whether that is at court, by video or telephone. It's 'ordinary costs', but be aware that not all courts allow it (whether right or wrong, it's how it is). 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • Redx
    Redx Posts: 38,084 Forumite
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    edited 8 November 2020 at 5:38PM
    Any cost you have incurred , up to the maximum allowed under cpr rules , so as above

    So for a telephone or video hearing , you cannot claim £5 parking for example

    For wages , you must submit proof , like Wageslips etc
  • Do I attach my wageslip as an exhibit or send it after the hearing?
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 9 November 2020 at 12:13PM
    shawon007 said:
    Do I attach my wageslip as an exhibit or send it after the hearing?
    As an exhibit , too late after the call ends , if it's a remote hearing , on the day when asked by the judge to prove it in a face to face hearing

    If you parked up on the day you would show the receipt or proof of payment to the judge

    Ideally it always goes in as an exhibit along with the summary costs assessment , regardless of the court hearing location

    Edit , or as mentioned below by coupon mad , our experienced wise seagull !! 😋
  • Coupon-mad
    Coupon-mad Posts: 155,232 Forumite
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    Not as an 'exhibit'. Just appended to the costs assessment.
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