Jump to content


  • Tweets

  • Posts

    • What is the name of the window cleaning business? Have you taken photographs of the dirty windows et cetera?
    • i would suggest that you stick to researching on here only. use our search top right for say CTAX or liability order.   you seriously have some wild theories, but those are understandable.   as i have said, there won't be a court hearing you need nor would that help you at all nor are expected to attend, it's not like that, it's merely a rubberstamp exercise .   there is no right of forced entry for bailiffs collecting CTAX debts. the bailiff process is one of a letter which will be entitled Notice of enforcement, this gives you 7 days to pay the sum it outlines with an associated fee of £75 for it being sent. the 2nd step will be a visit, you have no legal remit to engage with them at all, i i would not do so under any circumstances, that visit will add a further £235 fee those are the only things a bailiff can do. the most they can charge is a total of £310.   police do not ever get involved in civil matters like CTAX debt. not sure where you ever got that idea from.   its saturday now so use the W/end wisely, get reading up HERE ONLY it might well pay you on monday to go RING the council CTAX dept and plead poverty etc etc. it might also pay you to find the email address or even better phone number of your local MP and get him involved. they can do wonders.   dx 
    • NPAP see here: VCS Spycar PCN PAPLOC now Claimform - no stopping - London Southend Airport ***Claim Dismissed*** - Page 7 - Private Land Parking Enforcement - Consumer Action Group
    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available to me.   Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying.   let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? does the council then not send the police round? This is what I can't work out and worries me.   The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Question regarding county court motor accident claim statements


Please note that this topic has not had any new posts for the last 1454 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hey guys

 

Apologies if I am in the wrong section, but I am new here!

 

I recently had an accident with another driver where our cars collided.

The third party was 100% in the wrong in regards to the accident

however she is not claiming liability considering that it was her fault.

 

I'm not here to get advice on the accident details,

I am here to ask a question about court statements.

 

 

When in contact with the solicitors dealing with my case for me,

i've obviously given them my statement of what happened and I know i've been completely honest with this because not only is this my first ever court appearance, it's my first time dealing with something like this so I wanted to ensure 100% truthfulness.

 

I've been sent her statement in regards to what happened that night, reading through it she has completely lied about what was said in the conversation between us after the accident.

 

Before I go into what was said, I just want to say that this third party (defendant) is of Polish decent and spoke broken English...

 

When I got out of the car,

I said to her that she was in the wrong lane and cut into me causing the accident,

to which she replied

"I was in the right lane, you were in the wrong lane"

 

 

to which I replied "Ok thats fine,

if you want to argue this i'll call a police officer myself and get them to see who was in the wrong lane" and that was that...

 

In her statement, she has wrote -

'he got out of his car, I told him he was in the wrong

and he said "I am a police officer I know what lane I should've been in'

 

My question to you guys is

what exactly happens at this point

there has clearly been a mis-communication due to a language barrier?

 

 

I am slightly concerned as the last thing I want to get branded with is impersonation of a police officer when it did not happen at all.

 

I hope this is enough information in regards to the question I would like answered

 

Many thanks

 

Sam

Link to post
Share on other sites

Basically you simply state that you disagree with what has been said and you give your version of what has been said and explained that it is properly a question of the misunderstanding of the conversation by the other driver because English is not her first language and also because of the stress of the situation.

 

We can help you a lot more if you will tell us a bit more about the court case.

 

Are you being prosecuted? Is this a County Court claim? Are you the claimant or the defendant? Who is the solicitor acting for, you or her? What is the value of the damage? Are there any witnesses? Please pay attention to these questions and answer each one of them and also give us any other information which might be relevant

Link to post
Share on other sites

Nothing to worry about really, just sounds like a language barrier issue.

 

This sounds like a civil claim (if not we really need more information).

 

I imagine it would be helpful if you could copy and annotate her witness statement with the points you disagree with, and send that back to your solicitors. They will hopefully pass that on to the barrister who will be representing you at the final hearing and in any event you can discuss it with him/her beforehand. They will cross examine the lady appropriately.

 

To be honest I've been to several RTA civil (small claims, fast track and multi track) trials and who said what after the accident plays little part in overall proceedings, when it comes to a liability decision. The barristers will be trying to establish negligence through their questioning so things like the layout of the road, positions of the vehicles etc are what the judge will be concentrating on.

 

Have your solicitors given you their view on your chances of success, now that witness statements have been exchanged?

Link to post
Share on other sites
Hey guys

 

Apologies if I am in the wrong section, but I am new here!

 

I recently had an accident with another driver where our cars collided. The third party was 100% in the wrong in regards to the accident however she is not claiming liability considering that it was her fault.

 

ANYWAY! I'm not here to get advice on the accident details, I am here to ask a question about court statements. When in contact with the solicitors dealing with my case for me, i've obviously given them my statement of what happened and I know i've been completely honest with this because not only is this my first ever court appearance, it's my first time dealing with something like this so I wanted to ensure 100% truthfulness.

 

I've been sent her statement in regards to what happened that night, reading through it she has completely lied about what was said in the conversation between us after the accident.

 

Before I go into what was said, I just want to say that this third party (defendant) is of Polish decent and spoke broken English...

 

When I got out of the car, I said to her that she was in the wrong lane and cut into me causing the accident, to which she replied "I was in the right lane, you were in the wrong lane" to which I replied "Ok thats fine, if you want to argue this i'll call a police officer myself and get them to see who was in the wrong lane" and that was that...

 

In her statement, she has wrote - 'he got out of his car, I told him he was in the wrong and he said "I am a police officer I know what lane I should've been in'

 

My question to you guys is what exactly happens at this point there has clearly been a mis-communication due to a language barrier? I am slightly concerned as the last thing I want to get branded with is impersonation of a police officer when it did not happen at all.

I hope this is enough information in regards to the question I would like answered

 

Many thanks

 

Sam

 

 

 

You're paying your solicitor 25% of your compensation (probably) so why not ask them and get your monies worth?

 

But seeing as though you asked, she will give her version of events and you will give yours. Your will be be cross examined and the Judge will decide who he believes. That's pretty much it really.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...