UKPC PCN Fine/CCJ - please advise

KeithP

Aren't all your questions answered in @Coupon-mad's post of 27 January at 4:06PM?

rodriguez51

After requesting the two hearing dates moved into one physical hearing the judge decided to place them into a remote hearing for today.

I have never done a remote hearing before and was told the claimant would contact me to arrange the hearing call but I did not hear from them besides their case summarys and witness statements a couple weeks ago. I called and emailed both the courts and DCBL to explain an hour before the hearing and DCBL said they would contact the responsbile department and call me back.

An hour after the hearing I call the court telling them no call has been made and they tell me the hearing has has happened without me and I will need to call back tomorrow to find out the decision. I'm reallly frustrated. Does anybody know what I can do next

Thanks

Coupon-mad

Email your court TODAY and tell them this in writing, and copy in DCBLegal and state that it was their responsibility to include you in the conference call and they did not.  Ask for a copy of the Judgment Order so you can object to it (if necessary) on the basis you were not afforded any means to join the hearing.

DO NOT PHONE.  You want this in writing by email to both, today.  No template.

rodriguez51

Coupon-mad said:

Email your court TODAY and tell them this in writing, and copy in DCBLegal and state that it was their responsibility to include you in the conference call and they did not.  Ask for a copy of the Judgment Order so you can object to it (if necessary) on the basis you were not afforded any means to join the hearing.

DO NOT PHONE.  You want this in writing by email to both, today.  No template.

Done thanks Coupon. This whole process has been a circus from the court missing half my witness statement pages in printing, the requested combining of hearing dates in my witness statement being initially ignored, the remote hearing i specifically did not want and now this.

See what comes back.

Cheers

Boat_to_Bolivia

Feel for you OP, you really seem to have drawn a very short straw.

Keep at it though, the good folk here will see you through. All the best.

rodriguez51

Small update after contacting the court and claimant.

A rep from DCBL replied to my email and initially blamed the court saying it was their responsibility to organise the call which isn’t true and the court chambers rep denied. Then they stated that there was attempts to contact me on the number I provided but didn’t respond and the hearing took place without me. I don’t have any records of this or proof from them.
The decision was my application is dismissed and no costs.

I’ve today been told the judge seen my email and basically said I have to now apply again for another set aside for this order unless claimant consents. I explained I had already paid £550 for to set aside the two claims and didn’t even get a hearing. The lady said I could write to the judge again explaining this and the fee could possibly be waived I think. At this point I think the judge already has it in for me haha.

The official order has been sent in the post and should arrive in the next couple days

Coupon-mad

You need to tell the Judge clearly what DCBLegal did and said, and that you were denied and not even extended any right of access to the hearing.

And you have already paid 2 x £275, with a second hearing due(?) re a mirror image (near duplicate facts) CCJ that should have been one claim all along: ref Henderson v Henderson (1843) 3 Hare 100, 67 ER 313.

With the Overriding Objective at the heart of the remedy required to put right this injustice (in the Defendant-Applicant not being invited to the hearing they had paid for) you respectfully ask that the latest Order dated xx/xx/23 be set aside due to the Defendant erroneously not being invited to attend the hearing, and that costs be reserved and the two duplicate applications to set aside both claim numbers xxxxxxx and xxxxxx be consolidated into one hearing, which the court arranges (not the claimant's solicitor).

rodriguez51

Coupon-mad said:

You need to tell the Judge clearly what DCBLegal did and said, and that you were denied and not even extended any right of access to the hearing.

And you have already paid 2 x £275, with a second hearing due(?) re a mirror image (near duplicate facts) CCJ that should have been one claim all along: ref Henderson v Henderson (1843) 3 Hare 100, 67 ER 313.

With the Overriding Objective at the heart of the remedy required to put right this injustice (in the Defendant-Applicant not being invited to the hearing they had paid for) you respectfully ask that the latest Order dated xx/xx/23 be set aside due to the Defendant erroneously not being invited to attend the hearing, and that costs be reserved and the two duplicate applications to set aside both claim numbers xxxxxxx and xxxxxx be consolidated into one hearing, which the court arranges (not the claimant's solicitor).

Been very quiet but not much to update unfortunately.

I've been badgering for the courts with emails and calls for an update and they are extremely slow and

blasé with their responses. The last word I got from the judge the end of last month was that I would need to start another set aside appeal for this latest judgement which I would rather not have to go through all again especially since the last two hearings I paid for I didn't even get invited to. I called the court chambers again last friday to follow up and still waiting for them to get back to me.

I've seeked legal advice in the meantime from lots of communities and my work unions legal team and they said I should submit a judicial complaint on the gov website about the process and see what they come back with but not to expect a change of judgment. Failing that they advised to write to my MP who I've already emailed and had calls with. They said they may be able to raise this since it seems like an error within the system. I'm going to try and request my call records for the court day today as proof.

Wish I had a positive turn around to share especially after everyone's great advice but I'll keep fighting.

Cheers

Coupon-mad

Get your MP to write an urgent formal complaint to the local court manager. Ask your MP if they would please expedite this.

Don't do a Judicial complaint on you.gov (yet).

rodriguez51

Coupon-mad said:

Get your MP to write an urgent formal complaint to the local court manager. Ask your MP if they would please expedite this.

Don't do a Judicial complaint on you.gov (yet).

Cheers Coupon

I was just in the middle of writing a feedback response on the gov website now, I haven't filed an actual judicial complaint yet.

The union legal team said I can take it through the MP's office to the Parliamentary and Health ombudsman but only after filing feedback and waiting the 10 days for their response. If its not favourable (it won't be) then I can quote their response to the MP and proceed