First Capital Connect Accident

dzug1

Well there's still the question - IF your solicitor has been to court and won - why are FCC refusing to pay?

It sounds as though the case has not yet been to court and I suspect FCC will mount a good defence which they are reasonably confident of winning

Voyager2002

I suggest you walk away, and tell the "solicitor" to get lost.

Costs of 24K are ridiculous: even if you were to go to court and win, it is unlikely that the compensation would be enough to cover these costs, so you would still be out of pocket. As matters stand, if your "solicitor" were to take you to court for the 24K you would have a pretty good defence, but now you clearly understand the costs involved so if you proceed you make yourself liable to pay them.

Jeff_Bridges_hair

dzug1 wrote: »

Given that Brookmans Park is - most of the time - an unstaffed station, would you really expect it to be gritted the instant there is a trace of snow?

Whilst this doesnt help the OP but all TOCs have a winter mobilisation plan which means they should be gritting all stations when they know there is bad weather including unstaffed stations.

What struck me is that the OP said he tripped going up the stairs rather then they slipped on any ice or snow that may have been present. A trip has nothing to do with ice or grit and couldve been caused by OP catching a riser when going up the steps. This is why I think FCC are telling them to get lost.

miduck

dzug1 wrote: »

Well there's still the question - IF your solicitor has been to court and won - why are FCC refusing to pay?

It sounds as though the case has not yet been to court and I suspect FCC will mount a good defence which they are reasonably confident of winning

The OP has not suggested that the case has been to court?

Jeff_Bridges_hair wrote: »

A trip has nothing to do with ice or grit and couldve been caused by OP catching a riser when going up the steps.

Don't say that - he'll be suing the riser!

Jeff_Bridges_hair

Probably. Anything to cover the pain that he now has an 'ex'

Neilandrewhall

The case has been to County Court to be able to get more information out of First Capital Connect, and the result of it was as follows:

This is a extract from a letter i got two days ago:

I enclose a copy letter from the third party insurers.

They do not have any gritting records but say that a call is made from the emergency help point each day to confirm when gritting has been completed, The log of the call does not confirm what the call was about and quite frankly could have related to anything,

The station has in place a winter maintenance policy, which states they should complete a record of treatment form, when gritting has taken place. This does not appear to have been completed. I have asked the third party insurers to clarify if this has been completed and if it has not, why was it not completed, I have also asked them to provide a statement from the person who allegedly gritted the stairs,

Once i receive this information i will be able to advise you on the prospects of success of your claim.

Wail

You have been updated on the situation. There is no change. All the letter tells you is the correspondence and the solicitors view on the matters. It does not tell you that FCC have admitted liability.

Neilandrewhall

But obviously if they didn't grit and theres no record of it, surly im in the right? and will win

miduck

Neilandrewhall wrote: »

The case has been to County Court to be able to get more information out of First Capital Connect, and the result of it was as follows:

So they have had a pre hearing review?

Neilandrewhall wrote: »

But obviously if they didn't grit and theres no record of it, surly im in the right? and will win

No, it is not as simple as that.

Have you proved that the snow caused your accident, or as suggested, did you trip on the step?

For the third time, what losses have you incurred as a result of the broken toe, and what medical tests have you had?

wealdroam

Neilandrewhall wrote: »

But obviously if they didn't grit and theres no record of it, surly im in the right? and will win

Are you sure the train company has an obligation to grit?

I know that there is no obligation on me to grit my front path, but if I do do it, I have to do it with care otherwise I can be sued, should anyone suffer.