Help and guidance please

Quentin

If you didn't ask the judge he wouldn't have been aware of 2 similar claims!!


Do you need to amend your defence,??

If so take this opportunity to do so

Capt_Mainwaring

Fair point. I was going to email them, as CM had recommended but before I did so, the Judge struck the other claim out.

With no driver liability admitted in the second claim, I don't think their more detailed PoC will really affect my defence. I will, of course, read their letter and post again if I need any more help.

KeithP

Why not write to the judge suggesting that as one claim has already been struck out, then this identical one should be similarly despatched too?

There are almost certainly better ways of putting it, and perhaps someone else can advise on that.

Coupon-mad

How about emailing the Judge to thank her for that Order (attach a copy so she knows which Order you are referring to out of hundreds) and to inform her that another claim, with the exact same facts and no driver identified at all, is still hanging around.

As such, you respectfully ask that she might now use the Court's case management powers to strike claim xxxxxxx out as well, and to consider granting your costs on the indemnity basis (costs schedule attached, explaining the unreasonableness of two separate attacks, as well as setting out your actual losses and LIP rate for a few hours at £19 per hour in researching the law & ploughing through their paperwork).

Pointing out that they were both baseless claims, intimidating you, forcing you to waste family time (mention what you missed, birthdays etc., Easter holidays tainted with these cases and the worry that you might lose).

Time - list it, with dates - ploughing through their inches of paperwork - a small tree's worth each time, yet both claims being penalties (distinguished from Beavis, pure intimidation via robo-claim) they were meritless. And this present one not even having a cause of action against a rk, since the driver is not identified and Excel never use POFA compliant Notice to Keepers.

Etc etc.

If you don't ask, you don't get!

Capt_Mainwaring

Brilliant Keith and CM!

I will send the Court an email tomorrow.

Thanks.

Coupon-mad

Here's the cheekiest costs schedule that was allowed (push it, this is Skipton!):

https://padi.zendesk.com/hc/en-us/articles/115002886754-Successful-Costs-Application

HTH

Capt_Mainwaring

Hi CM


I've spoken with Skipton Court and they have given me a different email address to the one I found online. Judge Wright is in Court tomorrow and they told me she would consider my request then.


Many thanks for help and advice. I'll let you know what they say.

Capt_Mainwaring

Hi


Two weeks have elapsed since I sent my email to the Court and I've heard nothing, so I called them yesterday for an update. I was told that my email request had 'only just gone in front of the Judge'. This is disappointing, as they've had it for a fortnight! However, as I have no intention of !!!!ing anyone off at the Court, I resisted the urge to kick off.


I was told that they should have an answer within 24 hours, so as I work in Skipton, I decided to pay them a visit on my lunch break.


As BW filed PoC with the Court (but not with me) on the first claim, the Judge struck that claim out on the basis of my email. BW have now written to the Court to ask on what basis this was struck out. They have done this on multiple claims and have 'pointed out' why the Judge is not allowed to do this! I bet that will go down well...


As the Court and I received PoC on the second claim (no driver ID revealed) this cannot be struck out, unless I make a formal application which will cost me an eye watering £250.


The judge will now consider the latest correspondence from BW and I should hear from the Court by the middle of next week. Just when I thought I was getting somewhere...

[Deleted User]

As BW filed PoC with the Court (but not with me) on the first claim, the Judge struck that claim out on the basis of my email. BW have now written to the Court to ask on what basis this was struck out. They have done this on multiple claims and have 'pointed out' why the Judge is not allowed to do this! I bet that will go down well...

Have you got a copy of the email/the legal argument on this from the Claimant? That would be interesting. They're pretty stuffed though. As far as I can tell, they had 7 days to ask the Court to set aside the last strike out order and presumably failed to do so. It's a bit late now. They may also have an issue with completing a certificate of service stating exactly when post was sent if they have used an intermediary post handling service.

As you know, PPCs frequently mess up even the cases they do manage to correctly issue, so all is not lost in relation to the second - it's just a little tiresome.

Capt_Mainwaring

Hi Johnersh

I've just got home and I've not received any post from BW. As the Court struck the claim out, they must have written directly to them. The Court had only recently received the letter from BW and I've not received anything from them in weeks.