My TAXI nudged a fence - court papers ***Settled by ADR***

[maybelate]

Thanks DX, so do you think it's best for me to report to Northampton and ignore sols or should I advise sols what I am doing or send them a copy of the complaint?

[dx100uk]

notts complain ignore fake sols form until/if you get a real form.

[maybelate]

Hi,

 

 

I received a claim form from Salford County Court today.

 

 

The claim is in the name of the person who's fence I hit and is dated tomorrow.

 

 

I think that I either need to prepare a defence or a part admission.

 

 

Can someone advise what would be the best thing for me to do please?

 

Thank you

[honeybee13]

Hi.

 

Could you type up POCs [particulars of claim] minus any identifying details please?

 

HB

[maybelate]

Hi Honeybee, it's huge but here it is:

 

1. At all material times the claimant was the owner and occupier of a property at xxxxxx (the property)

2. On xxxxx the defendant lost control of the vehicle they were driving and caused damage to the property resulting in loss to the claimant and his insurers

3. the incident constitutes negligence. When driving, the defendant owed a duty of care to ensure that he was driving with reasonable skill and care. The defendant insured was in breach of that duty and as a result of that breach, damage was caused to the property.

4. the defendant is liable to the claimant in negligence.

 

particulars of negligence

 

the claimant repeats paragraphs 1-3 above

 

1) the damage was due to negligence by the defendant, whilst in control of a vehicle

2) by reason of the matters aforesaid the claimant has suffered loss and damage

 

Particulars of loss and damage

 

a. In indemnifying in respect of losses incurred, the claimant's insurers, xxxxx, have incurred loss and expense of £xxxxx that total being made up in the manner referred to in "POCI"

B. The claimant has suffered an uninsured loss in total of £xxxxx that total being the sum made up in the manner referred to in "POCI"

 

3) To the extent that xxxxx home claims have indemnified the claimant in respect of the losses that they have suffered it is subrogated to the claims of the claimant

 

4) the claimant has sought to recover the aforementioned sums by letters to the defendant. Notwithstanding the said invitation, the defendant has been unable to pay the said amounts or any sums in respect of the claimant's claim.

 

5) further the claimant is entitled to and claims interest on the aforesaid sums pursuant to section 69 of the county court act from xxxxx to xxxxx 2014 (xxx days) in the sum of £xxxxx at a daily rate of £xxxx.

 

AND the claimant claims:

 

i. Damages

ii. interest

iii. costs

iv. further or other relief

 

statement of truth

 

the claimant believed that the facts stated in these particulars of claim are true. I am authorised by the claimant to sign this statement of truth.

 

name xxxxxxxxxxx

signed xxxxxxxxxxxx

 

then there is another page entitled POC1 stating a description of the work that was claimed to be carried out on the fence and the cost and an amount for the policy excess

[dx100uk]

it might be best if scan up the claimform and the PoC1

 

 

REMOVE anything that I's you mind.

 

 

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[maybelate]

Hi, here are the court papers.

[Sparks_]

It is upside down

[dx100uk]

I've banged the screen and sorted it

 

 

dx

[Sparks_]

I've banged the screen and sorted it

 

 

dx

 

:lol::lol:

[AndyOrch]

Looks like someone has banged the head of the paralegal that has drafted that PoC...negligence for what? Got a gold digger here that has been watching too much American TV.

[maybelate]

thanks dx

 

I totally agree Andy, this started off as a very minor, very slow speed (in reverse) impact which caused damage to part of a wooden pane on an already rotten fence. Now they have it sounding like I went on a high speed rampage, and no-one in my path was safe

 

I need to prepare my defence Andy as I have to fight this as a matter of principle. I am and always have been prepared to pay for the minor amount of damage that I caused, so I assume that I have to say that I want to offer part payment when I submit the acknowledgement? and then for the defence do I just get all my evidence together (emails, photo's, letters etc.) and write what happened in my own words?

[king12345]

As pointed out by many other caggers, your best evidence is the set of pictures taken at the time of the incident.

This will inevitably show that the fence was not new and the damage was limited to the one or two panels.

Trying to get a brand new fence for a little hit is very cheeky.

I built a brand new 30ft fence before Christmas and painted it for £380 all in, and I made more than £200 for 12 hours work.

With the amount they are asking they will probably renovate the all fence.

Cheeky!

[SabreSheep]

On the basis you said u did y damage and the poc says you did x i would defend all and make no admissions.

 

Later in the process you could produce the evidence of y damage.

 

First let them jump through the hoops of proving their claim

[AndyOrch]

No partial admittance Maybelate...defend all..otherwise they will get judgment automatically.Do you know if LV have paid out on the claim?

 

Andy

[SabreSheep]

Ok they would also need to itemise their costs.

 

Question.

Claiment is the owner.

IF they paid an insurance excess of 50 pound how can they tgen claim the amount of the work allegadly cost.

 

Shurly that part of the claim is down to the insurer and not the home owner thus no locus standi for the 200 odd quid?

 

Court listed is family court. You will want to put on directions questionnaire when it comes that you want small claims court. Also select yes to mediation. I would offer the 50 excess in mediation and thats it. And they would have to prove to me they actually paid it.

 

See what others say

[Ganymede]

Looks like someone has banged the head of the paralegal that has drafted that PoC... negligence for what? Got a gold digger here that has been watching too much American TV.

 

Not really. It's standard wording when suing under the tort of negligence.

 

At the end of the day the OP was negligent so the Claim Form and Particulars of Claim are correct.

 

If I was the OP I'd just pass the claim to his motor insurers to deal with.

[Ganymede]

Ok they would also need to itemise their costs.

 

Question.

Claiment is the owner.

IF they paid an insurance excess of 50 pound how can they tgen claim the amount of the work allegadly cost.

 

Shurly that part of the claim is down to the insurer and not the home owner thus no locus standi for the 200 odd quid?

 

Court listed is family court. You will want to put on directions questionnaire when it comes that you want small claims court. Also select yes to mediation. I would offer the 50 excess in mediation and thats it. And they would have to prove to me they actually paid it.

 

See what others say

The Particulars of Claim explain that the insurers outlay is included as a subrogated loss so that argument is not going to go anywhere unfortunately.

 

The claim hasn't been issued in the "family Court", that's just the full name of Hereford County Court which I assume is the OP's local Court. It will be issued in the County Court and allocated to the Small Claims Track at the appropriate stage.

[AndyOrch]

Gany this all about 1 rotten fence panel...and the claimant having already claimed on their insurance and now looking to recover more......

 

Can you prove the OP was negligent ? Negligence is different in that the claimant must prove his loss, and a particular kind of loss, to recover.Emotional distress perhaps?

 

Andy

[Conniff]

What's the betting that is £6,000 for the lawyer and 4 for the claimant.

 

 

Normally 5 for each of them but in this case an extra 1,000 for the lawyer because he thought of entering the claim.

[Ganymede]

The fact that the OP hit the fence panel is the negligent act.

 

There is a factual dispute as to the level of damage to the fence which the OP has the right to argue if he disagrees with it. The insurer has paid out to fix the fence and now seeks to recover the costs.

 

There is no claim for emotional distress from the fence owner based on the paperwork provided by the OP.

[Ganymede]

What's the betting that is £6,000 for the lawyer and 4 for the claimant.

 

 

Normally 5 for each of them but in this case an extra 1,000 for the lawyer because he thought of entering the claim.

 

What do you mean? This is a small claim so no legal fees other than the £70.00 claimed.

 

The whole value of the claim is only £433.08.

[AndyOrch]

" The insurer has paid out to fix the fence and now seeks to recover the costs. "

 

So why is the insured making the claim and not the insurer?

[Ganymede]

The insured is making a claim for their uninsured loss (policy excess) and the insurer has included their outlay (repair costs) in the proceedings under the rights of subrogation.

[AndyOrch]

Fence panels are £14 at B&Q Gany...its this type of culture that my initial post referred to...so why not just claim for the loss part 7 claim through MCOL?

 

This is very much your forte I appreciate that...but why was there a loss ? Why is it not just added to the next premium?And does this type of litigation not just ram up the costs in insurance?