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Hi long post sorry
Not sure if correct place to post but myself and husband dont drive and dont really understand cars and law etc.
A few weeks ago we were at a bus stop when a woman parked her car so it was about 3/4 over the bus stop area a few people yelled at her that she was parked illegally but she ignored them
Now this is a very very busy bus stop, two buses stopped and there were a lot of people pushing and shoving to get on both buses, We needed to get on the second bus and the only way to do so was to walk btween the car parked illegally and the car behind and there was not a lot of room, now that was ok for us but we realised there was an elderly lady with a wicker shopping trolley who could not fit between the cars and who needed to get on the bus.
We went to help her, my husband stood at one side of the car and I lifted up the trolley and tried to pass it to him but dropped it .
Now this was a total accident caused by me having arthritis in my hands plus it was very very cold, by that time the the woman had come back to her car and went ballistic, to cut a long story short, someone called the police and two cars turned up.
The Policeman we spoke to told us the woman wanted us arrested for criminal damage but was told that the Police were not going to do this, she then demanded our names and address which the police said they would have to pass on to her. I am not sure if the police took any action about parking in the bus stop
Today we got a solicitors letter demanding we pay £3,500 plus for the damage, (it was a little scratch and I took a photo of it on my mobile ) or we will have to go to court.
Re: Being sued for 'damaging' car parked illegally
You won't necessarily need to pay a solicitor if it goes to court, you can represent yourself. The reason I say you need to consult a solicitor is that they will be able to advise you of case law etc. to help you fight this before it goes to court. It may never go to court as a result. It is also a lot cheaper to get a solicitor to write a few letters for you than to represent you in court.
Re: Being sued for 'damaging' car parked illegally
I would advise you not to get a solicitor and only consider it when the matter is clearer and it looks certain that they will take you to court.
I think that you should merely write them a letter.
Don't be apologetic and don't use an apologetic tone.
Your letter should express a very firm and dismissive attitude.
Tell then that you have no intention of pay the money they are asking nor any other sum.
Any damage which might have been sustained to the vehicle was caused precisely by their client's unlawful and antisocial behaviour in parking across a bus-stop and obstructing the access to the bus.
You should tell them that in any event you would never dream of paying on the basis of an unsubstantiated demand and that they know full well that if the matter went to court, they would have at least to produce photographs, and at least two competing estimates in addition to giving you an opportunity to have the damage inspected and evaluated by your own independent assessor.
Yours faithfully.
Send that to them, keep a copy and see what they say. Don't say please and don't say thank you
Make sure you keep the photo which you took - welldone on that by the way.
Sit down and make a full note of everything which happened that day including notes of who said what.
Time and date the note, Attach the photo. Don't lose anything.
What kind of car was it? - A Roller? This is a try on and you have a good defence anyway.
At the very worst the judge will ask you for a contrinution to what he eventually decides is the cost of the damage - and it will be a very small cotribution at that.
At the best he will send the woman off with a flea in her ear.
Don't buckle down to this kind of thing - it is just fortune hunting
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Re: Being sued for 'damaging' car parked illegally
I have thought further about your story.
You won't need a solicitor at all. Your defence is straightforward and your case is unloseable in my view.
If they are silly enough to bring their claim
then you would plead
Self defence - in the alternative ...
Volenti non fit injuria - in the alternative ...
contributory negligence.
We would help you with the wording
Self defence is that you used reasonable force in the defence or protection of person or property in the face of the other person's unlawful behaviour. Doesn't have to be yourself.
Volenti - means that the other person placed themself in aposition of risk and therfore consented to the risk and cannot now complain about the injury they have received.
Contributory negligence means that the claimant was negligent as well and should bear some of the burden of the damages. I expect that the judge would make a better than 90/10 split in your favour on whatever the cost eventually was.
Don't forget that this would be a small claim so that even if you lost, you would not suffer any cost penalty.
Additionally, in the event of you winning (very likely, in my view) there is a good case here to argue that the judge excercises discretion to award you some costs.
Please do come back to us and let us know what happens next.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Re: Being sued for 'damaging' car parked illegally
Thanks BankFodder
I also have the name and address of a witness who stayed behind and spoke to the Police on our behalf and I can get a medical report to the effect that when the weather is cold I lose feeling in my right hand due to arthritis and poor circulation
Re: Being sued for 'damaging' car parked illegally
Excellent.
Leave the medical report for the moment as it costs money and you probably won't get that far.
However, get the witness statement straightaway. Winess memories fade and statements are always better done fresh as poss.
get your witness to conclude the statement with "I make this statement believing it to be true. I am prepared to attend court and give evidence if ncessary".
If they aren't happy about going to court then strike that bit.
Show the witness a copy fo the photo. Get her to sign it and refer to it in her statement that it does represent what really happened.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Re: Being sued for 'damaging' car parked illegally
I might also question why the police informed you that they were obliged to pass you details on to the other driver. Perhaps you could call the local station and ask.
Re: Being sued for 'damaging' car parked illegally
it was an accident not a criminal act, can't see how they can prove intent. 3.500 for a scratch is outrageous - even on a Roller. let them Know in no uncertain terms that you will not be rolling over for this.
Apart from all the other good advice I would just add that the attending police officers almost certainly recorded the extent of the 'damage' in their notebooks. Therefore it's important that you know their name & no. & if your don't a quick call to the nick should ID them
Contact them I they will almost certainly be willing to provide you with a copy as they will be as horrified as us that this person it trying to rip you off
Also I would suggest that when you write to the solicitor you include a copy of the picture as his client does not appear to have been candid with him
Re: Being sued for 'damaging' car parked illegally
I think that their inconsiderate parking may not be any sort of defence. On that basis and the following, I wouldn't bring it up.
I would also not give any reason for my actions as that would be evidence they could use against me to prove that I was involved.
Say you have no idea what they are talking about. That perhaps they could start out explaining what they're on about and maybe they could they furnish you with the evidence in the form of copies of receipts for work done so that you can take a view on the matter.
If you do this then they have to do all the work in deciding whether they have adequate evidence to prove the allegation. Chances are they are trying it on and starting out with a high figure in the hope of negotiating a lower settlement.
Re: Being sued for 'damaging' car parked illegally
PS. No I wouldn't provide the picture until I absolutely had to. If they write back claiming more extensive damage you have evidence that they are liars.
Re: Being sued for 'damaging' car parked illegally
Hi sadly I cant claim it was not me and hubby as the Police gave them our name and address.
Anyway I have rung the lady who says she would stand as witness and she did tell me something very interesting which if it comes to court she will stand up and repeat.
It was she who rang the police in her own words ' The woman driver was shouting and swearing at you and you looked distressed and terrified I really thought she was going to hit you so I phoned the police'
She did mention this to one of the officers who questioned me so should be in any police report
So I am quite happy to write back to the solicitor and refuse to pay a penny I will ask him how he came to the figure quoted ( but I wont say I have a Photo) I am hoping that he cites distress and anguish caused to his client and will then if required produce my witness - in court if I have to.
Bye the bye the car was one of those things that look like taxis with a grill - I think they are Chryslers - but as I say I dont drive so not sure if it is an expensive car - ugly looking thing though
Re: Being sued for 'damaging' car parked illegally
Chryslers are no that expensive. was it a new one ? what year is the registration ? even if straight from the showroom 3,500 for a scratch is a joke. I wonder of the driver has an insurance claims history...
Re: Being sued for 'damaging' car parked illegally
Treat the letter with the contempt it deserves.
Merely write back that you are in receipt of their letter and that you regret that no money will be forthcoming. Point out that their claim is spurious and that no reasonable individual would pay £3,500 on receiving such a letter.
Leave it at that and don't hold your breath for any small claims action. It wouldn't surprise me if they have a solicitor in the family who've written the letter as a favour.
Being sued for 'damaging' car parked illegally
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Originally Posted by Madamfluff
