Any help as always, would be appreciated.

If the DWP and ATOS have not followed the correct procedure when a valid complaint is made, will the Tribunal consider this in evidence?,

I have just received an email from the Tribunal stating that my hearing was today, I was under the impression and marked all correspondence for the hearing as going ahead on the 8th August 2017.

Whilst I am not trying to make excuses I would have assumed the Tribunal if they have giving the date as being the 7th and seeing all my evidence was listed to be heard on the 8th would have acted and gave notification as to the misunderstanding.

I'm gutted because I have waited 9 months for this appeal, will the case be considered in my absence. Any help at this stage would be appreciated.

I have sent a reply email back explaining the same to the Tribunal.

What tribunal?

My PIP appeal Tribunal dx100uk.

My PIP appeal Tribunal dx100uk.

Phone them, as the email may have just had the wrong date.

Please keep to one thread per issue

DX

Threads merged

Phone them, as the email may have just had the wrong date.

The hearing proceeded in my absence, have been told that if it could have been an administration technical error and by the time that I had responded the decision had been made, so I do not need to attend tomorrow.

The decision will be sent by first class post tomorrow and I should receive it within a few days, any further correspondence should be made their Cardiff adminstratiive staff.

I still am non the wiser to the decision made by the Tribunal on Monday, have I the right to be giving the decision or do I have to wait for the post?,

Hello spitfire

having attended a tribunal with a friend I can only say as we attended we were given the decision there and then but

the clerk did mention that if we had not attended we would have had to wait for the decision by letter.

Regards to all

Davey

OK thanks for clearing that up Davey, will have to wait for the post.

I wanted to attend but somehow the dates for Hearing got mixed up, annoyed really, but it was a technical error beyond my control.

I wanted to attend but somehow the dates for Hearing got mixed up, annoyed really, but it was a technical error beyond my control.

That may be a blessing in disguise!

If the DJ demanded an 'Oral Hearing' to be held, then there is your error in law..

Good evening BB, could you please further explain.

Just to add, that when the DWP did not fully comply with a previous order that had been made by a Tribunal Judge because they did not provide all the evidence being requested, I asked the Tribunal to consider barring the DWP from proceedings, in response the Judge indicated that unless they complied they would be barred from proceedings.

They complied, and as a result the same Judge listed it for a Hearing, ( oral ) I am assuming, don't know if this has any bearing on the hearing going ahead without me being there in person, could you kindly advice.

Lost my appeal, the tribunal and in its summon up based its decision placed particular reliance on the evidence of the papers generally.

Would have liked to have had my say, but it appears that because of a technical error in the mix up on the dates and the previous order for an oral hearing, those facts were not considered.

Did you submit anything in writing to the tribunal, spitfire?

HB

If the DJ told them to resit the tribunal and have an ''Oral'' hearing, and you were not present, then they have erred in law, as you were unable to verbally put your side accross.

Yes I did and via email, giving the case number and the date of the hearing that I thought was the trial date, 8th August 2017, the hearing went ahead a day before.

Giving that I gave that date and HMCTS were aware that I had indicated the wrong hearing date, which is denied, surely they should have seen this and acted accordingly if they had established that there was a mix up in dates?

If the DJ told them to resit the tribunal and have an ''Oral'' hearing, and you were not present, then they have erred in law, as you were unable to verbally put your side accross.

When I requested that the DWP be barred from proceedings the DJ made an order that unless they complied with the order they would be barred.

My argument after this point was that they complied with the direction, but only part presented the material that should have been sent which included the evidence that was used by me to obtain a higher rate of DLA which was successful.

The DJ ordered the DWP to show details of the award for DLA which included a mandatory reconsideration and the evidence that I relied on, which was not giving. In other words the evidence that could prove my case and that had previous been used and should have been considered as it would form part of the evidence ordered to be disclosed.

My argument on this point is that the DWP failed to abide two orders, firstly not providing evidence in the first place, but thereafter providing evidence but only part evidence after giving another warning.

In a nutshell HMCTS not only failed to follow the procedure that they have set, they also allowed that same order to be breached because only part evidence was giving.

The DJ stated and in correspondence "The Respondent cannot be barred pursuant to the directions which were issued on 7.5.17.This is because the Respondent complied???? within the period stated.

The appeal should now be listed for hearing."

Whether or not you can fight this depends solely on the dates on any official communications from the tribunal service, not on what you sent to them even if they should have noticed that you'd got the date wrong.

What date is shown on the notice of the hearing? Have you had any correspondence after this notice, and if so what hearing date is shown on that?

Hi RMW, The Clerk to the Tribunal when I made him aware that the date I was giving was for the next day stated that it could be that the administrative centre had made the mistake and the reason for the mix up in dates and because the hearing had already taking place it was to late, and he also stated that I should not attend the next day.

They have made the mistake not me, and it was not as if they could have rectified it, they could have imo.

I was told by phone about the date of hearing, no correspondence was received by me to suggest the date was one day earlier RMW.

Did you receive any correspondence at all about the hearing? If so, what date was on it?

I am going to make an immediate application to have this decision " set aside " as it clearly evident that there has been a mistake in the arrangements, there has been other procedurals irregularity and it in the interest of justice to do so.

Did you receive any correspondence at all about the hearing? If so, what date was on it?

No I did not receive any correspondence with any dates on it RMW, the last correspondence that I received from the Tribunal was dated 13/7/17.

There is no requirement for the Tribunal to notify you in writing of the date of the hearing, they merely need to give reasonable notice.

If you are adamant that the only notice you received was by telephone and that you were given the wrong date, then you will need to apply for permission to appeal, there is no 'set aside' procedure.

Well if there is no requirement to notify in writing which I am not disputing, giving notification by phone and give a completely different date would I assume not satisfy giving reasonable notice, because it was incorrect and therefore and I assume not a reasonable excuse.

Part 3 of the decision of appeal states Setting aside as an option if the grounds for setting aside are relevant, which in this case and giving the reasons for setting aside mirror what has happened to me RMW, a mistake in arrangements, or I was not able to be present and any procedural irregularity, not complying fully with a direction, as was the case, meets the criteria and giving the facts and in the interest of justice to set aside.

I have this morning and 4 days after losing my appeal been giving notification of the date for hearing, and after the hearing took place.

So in otherwords the Tribunal have giving me notice of appeal date, after the appeal was heard, very odd.

And has been sent from Birmingham, and not from Cardiff, very odd.

What are the dates on the letter and the envelope, spitfire?

HB

Date on the notification 21st July HB

Letter has been scanned, which will identify when it went through the postal system.

So there you have it, the Tribunal who are meant to be impartial send you notice of your appeal hearing after the hearing of appeal has been concluded, and you could not give a case, a lose.

Talk about kangaroo court's, this Country is infested with them.

Any input on how I should deal with the fact that notice to attend came after the event, would be appreciated, thanks.