CE Popla Appel rejected

KeithP

riadahmed said:

Its been a while but I'm in an awkward position with this case. Its now heading towards court with a date set. Issue is I'm not in the country during the court date.

Did you not tell the court your dates of non-availability when completing your Directions Questionnaire?

nopcns

Didn't you note dates you would not be available in the N180 DQ you filled in? That was one of the main purposes of completing the form.

Just not showing up would be considered unreasonable behaviour and open you up much higher costs if you lose. Have you even tried to get CE (or whoever is representing them) to agree to an adjournment of the hearing date?

If you do pay the fee to have the adjournment and you win, you could ask for that extra cost to be reimbursed by the claimant.

You have been absent from the thread for over 2 years so we do not know haw you were getting on with the case.  What was in your defence? What is in your WS? What was in the claimants PoC?

Coupon-mad

The DQ was probably done a year ago, I'm guessing.  You really should have thought of this, been proactive and told the local court of your unavailable dates in 2024 though.  You knew you'd be away and knew a hearing date was coming. One email would have covered you.

Do ask CEL if they will agree to vacating the hearing and it being listed this Summer instead. The last person who asked a PPC that (by email of course - NO PHONING THEM!) had it agreed straight away.  Worth asking because then the date change is free.

Show us:

- the Claim form (redacted of data & password)

- the defence you put in

- the Witness Statement & evidence you've prepared (as seen in the NEWBIES thread) 

- their Witness Statement & evidence, if it's reached that deadline yet.  What's the WS deadline? 
 

riadahmed

Hey Guys, thanks for the advice. Yes I should've prepared better its just unfortunate that there are such long gaps between communication and action with these cases and the wife's booked a holiday slap bang when the court date is set. Checking over the letter it appears this is a preliminary hearing and not the actual court case (assuming this is common). I plan on emailing CEL but all of the last correspondence I received was directly from them and not a solicitor, assuming this means they have their own in house council. If anyone could supply me an email address with an active inbox that would be great as I can't see one on their website. 

My defence was basically on the premise on a malfunctioning machine which did not register my vreg. I requested they evidence all reported bugs and any remediation work they applied to their system during that period as it was reported by several members of the gym that had the same issue. 

Coupon-mad

You should have emailed them a week ago.  This is urgent. DO NOT say you "can't attend" obviously.  No saying that.  Just say it's an inconvenient family-connected date and ask if they will consent to it being moved.

In-house counsel... yes sort of.

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