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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I need help in filling in a claim form CPR Part 8 - to appeal

Resolved Question:

I need help in filling in a claim form CPR Part 8 - to appeal against a Party Wall Addendum. It has to be filed tomorrow.
I have worked out the objections and forst of all need to know if I have to write on the form or can submit a typed paper and enclose accompanying email copies.
I am only appealing against new allegations of damage mentioned in the Addendum.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Are you supplying a paper version or just intend to email it please?

Customer:

To be honest I am not sure where I have to send it........... directly to the Court (Wandsworth) or to the money claims area of law based in Manchester.

Customer:

I presume the Court is the one in which the property in the dispute is located

Customer:

I have actually asked the P W surveyor who I instructed to give me more time since there are no reasons why I should have to pay some of the amounts eg £500 for 'unnecessary inconvenience' or £1600 for a totally new fence when only a part was damaged at the junction between the boundary and the wall which was made good. There are also no photos of evidence.

Alex Watts :

Do you know where your local County Court is?

Customer:

Do you mean for where I live or for where the property in the dispute is located? (I now rent it)

Alex Watts :

Your local County Court

Customer:

It is TW9 3BG and I live in KT206NL

Alex Watts :

To where you are?

Alex Watts :

Ok - then you submit it to your own local Court

Alex Watts :

if it needs to be transferred the Court will do that.

Customer:

Ah ok - it's Reigate -

Alex Watts :

ok

Customer:

Are you sure it's 14 working days from date of serving notice? Sorry but I have so many different versions of when the 14 days starts from!

Alex Watts :

Yes 14 days from service

Customer:

but working days or just days?

Alex Watts :

normal days

Alex Watts :

but from date of service

Customer:

normal days is Monday thru Friday?

Alex Watts :

No, saturday and sunday

Alex Watts :

Its 14 days from the date you get it

Customer:

So if I hand deliver it can I attach separate pages rather than fill in the form itself? Can I include copies of emails which support my claim?

Alex Watts :

You must also include the form

Alex Watts :

You can include copy emails yes

Customer:

ok and I am the claimant and my neighbour who is claiming money through the Addendum is the defendant?

Alex Watts :

Yes

Customer:

can you give me an example of the type of style required please?

Alex Watts :

You just need to set out what has happened, the current position, what you are claiming and why

Customer:

and how far back in the 'story' do I go? this all started when my neighbour insisted that I pay him cash and I refused insisting on a cheque or direct payment to bank. Is there any legal precedent for being able to choose how you are paid? There is no mention of it in the original Party Wall Award

Alex Watts :

Just keep it concise and to the point.

Alex Watts :

Don't go waffling on about matters that are irrelevant

Alex Watts :

A Judge needs to be able to pick this up and understand it

Customer:

Diificult because there are so many points to contest

Alex Watts :

Then you need to list them all one by one

Customer:

Can anyone insist on being paid in cash? I sent round a cheque but he refused it and then refused permission for my builder to finish the work including his side of the wall (cutting his nose off to spite his face!)

Customer:

in an Party Wall Addendum do you have to show before and after photos to prove damage?

Alex Watts :

No one can insist on that

Alex Watts :

Photos help

Customer:

but not absolutely necessary.......... Do invoices/quotes have to be shown?

Alex Watts :

If you have them'

Customer:

No the PW surveyors have not provided them - I am being asked to hand over £2500 for damage that I have no evidence of.

Alex Watts :

Exactly, you can dispute that

Customer:

My neighbour has refused access to his property to finish the wall and in the meantime has made allegations of damage that I haven't been notified about until the bill has been issued effectively. Is there a point of law which disallows this?

Alex Watts :

This just goes to mitigation and conduct

Customer:

i know Party Wall surveyors seem to have an absolute authority in this area. Am I at a severe disadvantage representing myself? £2500 is a large sum for me but as far as legal costs it appears it would be dwarfed by them ie I would have to spend probably double that to not pay the original amount assuming I even won!

Alex Watts :

Indeed. The surveyor would need to justify this.

Alex Watts :

But you can get your own surveyor and report of course.

Customer:

IF I do not get the appeal in in time my neighbour has said he will

Customer:
RE: Party Wall Act Award - 51/53 Bushwood Road


Following the two Awards agreed by the two party wall surveyors (Bayliss & Flynn) you have failed to pay the awarded costs:


1. 25/07/ 2013 for £138.75

2. 01/09/2014 for £2,401


As you have not paid or appealed these during the 14 day periods provided for within section 10(17) of the Act it is my intention to instruct my solicitor to request summary judgement in accordance with Section 17 of the Act, should you fail to transfer the total amount of £2,539.75 by September 30th
Customer:

if it comes to that do I get the opportunity to defend myself or am I deemed to have lost the opportunity by not putting in an appeal?

Alex Watts :

Then yes you can appeal the decision and we have previously discussed

Alex Watts :

You can defend yourself and lodge an appeal

Customer:

when you say my own surveyor - do you mean someone completely new? Would my neighbour have to agree to this?

Alex Watts :

Yes

Alex Watts :

No

Alex Watts :

You can use your own and see if they can jointly agree

Alex Watts :

But its a little late for taht

Alex Watts :

All you can do now is appeal

Customer:

ah and he wouldn't !

Customer:

So to sum up

Alex Watts :

Yes

Customer:

If I am in time I can appeal the Addendum on CPR part 8 and take it to Reigate (my local Court) If I am not in time (because 14 days is really not very long to try to get evidence etc) my neighbour can take me to Court (small claims/ CCJ ?) but I still get the right to defend why I am not willing to pay certain claims of damage? Eg replacing whole fence with a taller one rather than accepting the replacement of the small part where the fence meets the new party wall.

Alex Watts :

Yes. That sums up the position

Alex Watts :

Does that help?

Customer:

Can I send you a copy of what I intend to submit (not now!) to check for language and style only?

Alex Watts :

If you can raise a new question for that please I would be grateful

Customer:

Of course Alex! It won't be until tomorrow or the next day or even later if my P W surveyor allows me longer to appeal..........

Alex Watts :

That is no problem

Alex Watts :

If I could invite you to rate as always please.

Customer:

Right I will sign off now and leave feedback and payment and try to bookmark you................

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