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  • FIRST POST
    • Sassii
    • By Sassii 9th Jul 17, 8:57 PM
    • 191Posts
    • 116Thanks
    Sassii
    Urgent: Got CCJ on my credit records
    • #1
    • 9th Jul 17, 8:57 PM
    Urgent: Got CCJ on my credit records 9th Jul 17 at 8:57 PM
    Hi All
    Just knew that I got a CCJ record on my previous address from oct. 2015 from NORTHAMPTON COUNTY COURT & I believe It's from PCM although I informed them for my new address when I moved.

    Help please

    Regards
Page 3
    • Sassii
    • By Sassii 26th Feb 18, 12:00 PM
    • 191 Posts
    • 116 Thanks
    Sassii
    Urgent help please needed
    Hi All

    Just knew the oral hearing for permission to appeal booked for end of next week.

    I would like to continue without the solicitor so could you please help me on the procedure.

    I'm planning to send a witness statement and skeleton argument,which will post here latter, is that good idea?.

    could anyone please guide me how to right the appeal WS?.

    Does County court defendant WS differ from Appeal WS?.

    Does any one has any more ideas?

    Regards
    Last edited by Sassii; 26-02-2018 at 12:58 PM.
    • Sassii
    • By Sassii 26th Feb 18, 11:07 PM
    • 191 Posts
    • 116 Thanks
    Sassii
    Could you please guide and help for the above post

    Regards
    • Quentin
    • By Quentin 26th Feb 18, 11:49 PM
    • 35,602 Posts
    • 19,819 Thanks
    Quentin
    This forum is really for dealing with parking charges.


    Appealing a court decision is something outside most posters field.


    Your solicitor is the best person to help and advise you over this appeal (have you ditched the solicitor?)
    • Sassii
    • By Sassii 26th Feb 18, 11:54 PM
    • 191 Posts
    • 116 Thanks
    Sassii
    Your solicitor is the best person to help and advise you over this appeal (have you ditched the solicitor?)
    Originally posted by Quentin
    Yes I'm planning to ditch the solicitor as he did nothing except of stopping the bailiff.

    My Solicitor is useless as he had rung the chambers to book a counsel for the Hearing.

    I don't know what does it mean but looks he offered to me someone / another solicitor to attend the hearing with me.
    Last edited by Sassii; 27-02-2018 at 12:08 AM.
    • Sassii
    • By Sassii 27th Feb 18, 12:19 AM
    • 191 Posts
    • 116 Thanks
    Sassii
    Appeal Witness Statment
    Hi All

    Below is my draft Witness Statement Planning to send to court. Could please review and let me know your opinion on it hopefully that will help other members reaching the same stage like me.
    Last edited by Sassii; 02-03-2018 at 8:32 PM.
    • Johnersh
    • By Johnersh 27th Feb 18, 9:36 AM
    • 1,031 Posts
    • 1,989 Thanks
    Johnersh
    Yes I'm planning to ditch the solicitor as he did nothing except of stopping the bailiff.

    My Solicitor is useless as he had rung the chambers to book a counsel for the Hearing.

    I don't know what does it mean but looks he offered to me someone / another solicitor to attend the hearing with me.
    So your solicitor prevented the bailiffs coming in to allow you to appeal. S/he then organised a barrister so you would have professional representation at the hearing. That is not nothing. It may be financially unsustainable to pay on an ongoing basis, but that is a different point.

    If you're going to appeal, you need to do so on the basis of error of fact, law or both. It is a shame that your solicitor has not explained this adequately prior to their disinstruction.

    Read this: http://www.civillitigationbrief.com/2014/05/16/service-of-the-claim-form-the-time-for-service-and-the-address-for-service-essential-points-before-the-essential-checklist/

    As a matter of principle, you probably didn't need to show the case was defensible, because the claim was not served at the address that you had nominated for service. You had no notice of the claim. IF it was never served, the Claimant was not entitled to the judgment it has obtained.

    See Para 22 of Nanglean v Royal Free http://www.bailii.org/ew/cases/EWCA/Civ/2001/127.html
    In our case there is no question of deeming arising because it is a case where a specific address for the service on the solicitor had already been given in the exchanges between the parties that had taken place before the service of the claim form.

    In your case, the address appears to be a new residential address, based on what you say, but the point holds good.
    the Claim Form was sent to his old address although he notified the Respondent for his current address on xxxx, around three months before the date of that Claim Form xxxx.
    That's background reading. Obviously only you know what went on at your hearing. You should carefully consider the basis upon which you prepare your appeal. Merely objecting to the result ain't gonna cut it. You need to refer the Court to the applicable court rules (the CPR) so do your research.

    In normal circumstances you have only 21 days from the date of the hearing to lodge an appeal, so time usually is of the essence.

    Hope that's helpful and not useless!
    Last edited by Johnersh; 27-02-2018 at 9:39 AM.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • Quentin
    • By Quentin 27th Feb 18, 10:20 AM
    • 35,602 Posts
    • 19,819 Thanks
    Quentin
    Yes I'm planning to ditch the solicitor as he did nothing except of stopping the bailiff.....
    Originally posted by Sassii
    Read up on line about appealing a court decision and see why you may want to think again before sacking him off!


    You are not now applying for a set aside - you are appealing the outcome of a set aside application!
    • Sassii
    • By Sassii 27th Feb 18, 11:28 AM
    • 191 Posts
    • 116 Thanks
    Sassii
    If you're going to appeal, you need to do so on the basis of error of fact, law or both.
    Originally posted by Johnersh
    You need to refer the Court to the applicable court rules (the CPR) so do your research.
    Originally posted by Johnersh
    I'm appealing that the judge didn't consider CPR 27.11(3)(a) and (b). I have no experience how to find other CPR, Could you please guide me to CPR para could support my case

    The judge accepted pcm late serviced WS, less than 24 hrs before hearing, should be CPR prevent to consider late WS but it's unknown to me, could please help to find it.

    The judge didn't offer / allow me to see pcm WS.

    The judge state that pcm proved to him that the claim form serviced to my current address which that big question mark?.

    The Judge state that pcm proved to him they are authorised to run private car park scheme which the agreement I got now as usual between PCM & MA not Landowner and limiting them to small part of the estate and based on BPA while the signage based on IPC. also that agreement breach leas contract.

    The judge was not happy that the car was parked 5 times in restricted area while the car was parked legally in visitor bay under lease contract rights granted.


    It is a shame that your solicitor has not explained this adequately prior to their disinstruction.
    Originally posted by Johnersh
    That is my problem with the solicitor he explained nothing and didn't get the set aside hearing transcript up to now although I asked him to do so since Nov. 2017

    See Para 22 of Nanglean v Royal Free
    Originally posted by Johnersh
    too complicated for me to understand how to use that in my case, could you please make it simple for me


    Hope that's helpful and not useless!
    Originally posted by Johnersh
    of course that is useful and I appreciate your help & advise v much
    Last edited by Sassii; 27-02-2018 at 11:35 AM.
    • Sassii
    • By Sassii 27th Feb 18, 12:28 PM
    • 191 Posts
    • 116 Thanks
    Sassii
    Read up on line about appealing a court decision and see why you may want to think again before sacking him off!
    Originally posted by Quentin
    Spending two hours online found nothing important, could you please guide me to specific web page article

    I found only only

    ''the Court of Appeal and CCRC will take into account if you are representing yourself and will provide you with guidance throughout your case. However, it is a well-known fact that you are more likely to succeed on appeal if you are legally represented. This is because the appeal process can be highly technical and a lawyer will have to be able to recognise any errors in law or procedure that you may not know about and will have access to up to date case law information. They will also be able to draft your Grounds of Appeal and include any legal or technical points.''
    • DoaM
    • By DoaM 27th Feb 18, 12:28 PM
    • 4,284 Posts
    • 4,330 Thanks
    DoaM
    too complicated for me to understand how to use that in my case, could you please make it simple for me
    Originally posted by Sassii
    That statement says much ... you're in way over your head and need professional representation. Nobody here will have the time to hold your hand through every step of the journey.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Quentin
    • By Quentin 27th Feb 18, 8:32 PM
    • 35,602 Posts
    • 19,819 Thanks
    Quentin
    Spending two hours online found nothing important, could you please guide me to specific web page article

    I found only only

    ''the Court of Appeal and CCRC will take into account if you are representing yourself and will provide you with guidance throughout your case. However, it is a well-known fact that you are more likely to succeed on appeal if you are legally represented. This is because the appeal process can be highly technical and a lawyer will have to be able to recognise any errors in law or procedure that you may not know about and will have access to up to date case law information. They will also be able to draft your Grounds of Appeal and include any legal or technical points.''
    Originally posted by Sassii
    I have highlighted the section in your quote which confirms the advice you have been given in #31, #43, #47, #51, and is highly relevant!
    Last edited by Quentin; 27-02-2018 at 8:34 PM.
    • Sassii
    • By Sassii 27th Feb 18, 8:45 PM
    • 191 Posts
    • 116 Thanks
    Sassii
    I have highlighted the section in your quote which confirms the advice you have been given in #31, #43, #47, #51, and is highly relevant!
    Originally posted by Quentin
    Thanks v much Quentin I highly appreciate your advice and you know I followed your advise #31 but I can't afford the money the solicitor asked for himself or for barrister specially for the last 4 months the solicitor failed to get the set aside hearing transcript or pcm WS.

    So it looks I'll continue alone with lovely MSE members support and I'll do my best

    Regards
    Last edited by Sassii; 27-02-2018 at 8:49 PM.
    • Sassii
    • By Sassii 28th Feb 18, 11:40 AM
    • 191 Posts
    • 116 Thanks
    Sassii
    Amended WS as per MSE commentss
    Hi All

    please find below amended WS for the appeal. could some one help and advise please
    Last edited by Sassii; 02-03-2018 at 8:34 PM.
    • Sassii
    • By Sassii 28th Feb 18, 9:56 PM
    • 191 Posts
    • 116 Thanks
    Sassii
    Hi, any one can give me his openion on the above Grounds of appeal please.

    Thanks v much
    • Sassii
    • By Sassii 1st Mar 18, 11:40 AM
    • 191 Posts
    • 116 Thanks
    Sassii
    Going to add the below to WS. Please advise

    a- Hearing was at 10:00am on xxxx (Exhibit ps/10), so Witness Statement was serviced less than 24 hours before hearing.

    b- Appellant refer to Practice Direction 23A(6.11) which states that ''Where a document is required to be filed and served the party or the designated legal representative must do so no later than 4pm at least 2 days before the hearing'',

    c- and PD 23A(6.13) which states that ''Any other document upon which a party seeks to rely must be filed and served in accordance with the period specified in paragraph 6.11.''

    d- Appellant Presumes, as he never serviced with Respondent Witness Statement for hearing dated xxxx, Respondent posted his Witness Statement by first class on xxxx which it is 2 days before Hearing. Under CPR 26.6, Deemed Service, Respondent Witness Statement would not have been serviced until xxxx at 4:00pm (after the hearing time at 10:00 am). it!!!8217;s irrelevant where the Respondent Witness Statement arrived, it is when the documents is legally treated as having arrived (F&M Bunkering Service Ltd v Bulgarian River Shipping & Ors [2012] EWHC B26 (Comm) 23 Novmber 2012)
    • bargepole
    • By bargepole 1st Mar 18, 11:52 AM
    • 2,267 Posts
    • 6,590 Thanks
    bargepole
    Going to add the below to WS. Please advise

    a- Hearing was at 10:00am on xxxx (Exhibit ps/10), so Witness Statement was serviced less than 24 hours before hearing.

    b- Appellant refer to Practice Direction 23A(6.11) which states that ''Where a document is required to be filed and served the party or the designated legal representative must do so no later than 4pm at least 2 days before the hearing'',

    c- and PD 23A(6.13) which states that ''Any other document upon which a party seeks to rely must be filed and served in accordance with the period specified in paragraph 6.11.''

    d- Appellant Presumes, as he never serviced with Respondent Witness Statement for hearing dated xxxx, Respondent posted his Witness Statement by first class on xxxx which it is 2 days before Hearing. Under CPR 26.6, Deemed Service, Respondent Witness Statement would not have been serviced until xxxx at 4:00pm (after the hearing time at 10:00 am). it!!!8217;s irrelevant where the Respondent Witness Statement arrived, it is when the documents is legally treated as having arrived (F&M Bunkering Service Ltd v Bulgarian River Shipping & Ors [2012] EWHC B26 (Comm) 23 Novmber 2012)
    Originally posted by Sassii
    It is 'served', not 'serviced'.
    Speeding cases fought: 24 (3 of mine, 21 for others). Cases won: 20. Points on licence: 0. Private Parking Court Cases: Won 33. Lost 10.
    • Sassii
    • By Sassii 9th Mar 18, 12:38 PM
    • 191 Posts
    • 116 Thanks
    Sassii
    Sad news permission for appeal refused although I been represented by barrister from citizen advice bureau who managed my appeal from last Friday.

    so now how much I need to pay to pcm?. dcbl letter added around £200 more than the default court order on 2015 as 0.2 interest and £90 compliance stage fee.

    Do I need to pay all of that in dcbl letter or just the amount stated in the court order 2015?.

    Regards
    • Quentin
    • By Quentin 9th Mar 18, 2:56 PM
    • 35,602 Posts
    • 19,819 Thanks
    Quentin
    The costs of getting enforcement order etc are added to the original CCJ and payable by you.
    • Sassii
    • By Sassii 9th Mar 18, 5:58 PM
    • 191 Posts
    • 116 Thanks
    Sassii
    The costs of getting enforcement order etc are added to the original CCJ and payable by you.
    Originally posted by Quentin
    Yes I understand the enforcement order cost which it's £90 but why add 0.2 interest (£110) on the top of the order.
    • Quentin
    • By Quentin 9th Mar 18, 6:31 PM
    • 35,602 Posts
    • 19,819 Thanks
    Quentin
    Did the original claim include interest at a daily rate?

    In any case be aware of all the extra costs you will have to pay to the bailiffs if they have to visit. The £90 is small beer!

    This is very expensive (think £hundreds for high court bailiffs - far more than any interest the claimant wants!)
    Last edited by Quentin; 09-03-2018 at 7:07 PM.
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