Help with IAS Appeals process

shawon007

Hi guys,

An update. I've been given a hearing date and time for around the middle of next month (Dec 2020). This notice was given to me a couple of months ago but I now have the time to put a pack together for submission. I have also been told by the courts that the hearing will be done via telephone rather than in person due to covid.

Are there any guides to putting a pack together or should I just place whatever evidence I will require in an indexed format and submit that?

Were_Doomed

NEWBIES thread, and also read the Telephone Hearings thread.

Le_Kirk

shawon007 said:

hearing date and time for around the middle of next month (Dec 2020). 
hearing will be done via telephone rather than in person due to covid.

Are there any guides to putting a pack together or should I just place whatever evidence I will require in an indexed format and submit that?

Does your letter state that you have to contact the claimant and agree a pack and that the claimant sends it to the court.  If that is the case, allow plenty of time for toing and froing with the claimant.  Make sure you do not miss your deadline.

Coupon-mad

Why don't posters re-read the NEWBIES thread at each stage? Everything is there, right up to a recent WS example and hearing tips.

Ralph-y

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1
Ralph

shawon007

Thanks guys - I've re-read the newbies thread and have a better idea now on what to write up on my witness statement and create my bundle. I do find it unusual though that I need to give my bundle to the Claimant to submit and I cannot do it myself, but I'll CC the court email as well when I do send my bundle to the Claimant.

One piece of information I found upon re-reading the Claim form - the Claimant has the postcode wrong (but the street name and postcode right) of the car park. The postcode points to an area 1/2 a mile away. Is it too late to point out as I have already filed my defence over 7 months ago?

Redx

You cannot alter the Defence without payment , so not worth it

You include anything incorrect in their bundle by pointing it out in your bundle , so by all means rip their paperwork to bits in your statement and bundle

Covid has changed a lot of things in life , the court system is definitely one that is being dragged into the 21st century , with much less reliance on paper and post , plus trying to get bundles agreed which can narrow down the core issues

Before covid , there was no telephone hearings thread

shawon007

Ok excellent. However I have not received any documents from the Claimant for this case, other than the original claim form and the DQ. 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.

When the hearing date was set the Court also stated on the Notice of Allocation to the Small Claims Track that the Claimant has to pay a £25 court fee by the middle of November or the claim will be struck out. This Notice was dated August but the Claimants' deadline is coming up very soon - how will I know whether the Claimant has paid their fee, will the Court let me know?

Redx

The claimant has the same deadline as you , the same court order , so it's who blinks first and often goes to the wire or beyond

No the court won't let you know , unless you ask them

Some of this court process is still back in the dark ages , but it's still your job to keep on top of it and ensure that you comply with the court order , even if the claimant fails , then you can complain about it to the court

KeithP

shawon007 said:

They are cutting it a little late as the hearing is a month away.

What is perhaps more relevant is what deadline did the court impose to file and serve 'those documents you intent to rely upon'?

As Redx says, they have the same deadline as you.