Small Courts witness question

[henbasher]

Long story, but basically my car gt hit in the rear three and a half years ago. They are claiming against me!!!!

Going to the small claims court in a month and one of there witnesses has stated she won't be attending the court. Her statement is littered with things I wish to question her about.

Can I demand that she attend so that I can question her?

 

Thanks

[BankFodder]

How long ago did they issue the claim. The limitation for negligence is 3 yrs

[henbasher]

They issued a claim 8 months after the incident but got a default judgement and then again at the high court. They used an incorrect name and address, despite me given the correct details at the road side, my car being registered with DVLA correctly and them having copies of letter from their insurance company sent to me, one clearly a response to my reply using my correct details. Never heard anything again until a high court enforcement officer turned up at my new address, which I moved to 2 years after the incident.

 

I got both judgements set aside in January and we're in court at the end of July. Their claim is terrible, neither of their statements, one the driver, the other the company director who holds the insurance, mentions the VRM, the money they are claiming included their excess twice, despite supplying me with a receipt for the repairs. Their solicitors, until I sent a letter to them the other week have continued to use the incorrect name for me, and have got my post code wrong despite having had a solicitor write to them several times, including a written court statement for getting the judgements set aside clarifying they incorrect details for the reason for requesting they be set aside! Believe me, you have to see the paperwork trail to believe how incompetant it is!

 

I wsih to question why the VRM is missing from their statements and question whether the vehicle repaired is the one on the reciept. I have no details of the van as I threw them out when I had a clear out whilst moving into my ne house 18 months ago, two years after the incident. I wish to infer that they were advised not to put the registration of the van in their statement, which clearly state the vans make and age and other details stuff like traffic conditions and weather, that the statements where made with the legal help, who advised them what to put in, and what to omit for fear of contempt of court.

 

One of the witnesses, the director, has stated she will not be attending court and that the witness statement is her submission. Can I write to their solicitors and insist on here attendance?

 

I have prepared a statement mentioning that due to the amount of time that has passed, all the pictures I took of the damage to my car, as well as all the documentation I had, was destroyed when I moved house, 2 years after the incident, 18 months since last hearing from them. Do you think I could mention the 3 year limit as a possible way to get it thrown out of court?

 

Any help or advise would be most welcome, this has been quite stressful!

 

Thanks.

[newmoses]

As far as I know from previous experience, you can request any witness wether for or against you to attend court.Failure for them to attend will result in them being in default, and could lose them the case, which would be good for you.

[henbasher]

Many thanks for that, I think I have more then enough to support my defence, but as Tescos says, every little helps!

 

I've sent a letter special delivery requesting that they atend but haven't heard anything back from them yet.

[newmoses]

Keep the proof of posting the letter special delivery.In a few days, check the barcode number on the royal mails website to see when it was delivered.You can then print the proof of delivery off,then if the person it is addressed to says they never received it, you then have proof that they did, and that they signed for it.