Help and guidance please

System

I'm going to be the negative on this one and say it is marginal. The OP would be best to take Lamilad's comment about the judge only being interested in the law.

Best to stick to facts about what happened on the day; to answer the judge's questions; and not to be riled by the other side. If the other side starts harassing don't rise to the bait.

The purpose of the WS is to have all questions covered so any answer they want will be in there, so refer them to it.

Lamilad

When arguing for unreasonable behaviour costs at the end make sure you state that this should never have made it court.

Excel know full well that in cases where the driver is not known they cannot transfer liability to rk if they have not complied with PoFA. They have been told this time and again by judges at Skipton and throughout the land.

And they have been reminded of this by your evidence bundle which contains 2 classic cases (Lamoureux and Quayle)

They must have known this case had no prospect of success yet proceeded doggedly to court - probably in the hope you would not turn up or bottle out.

They do not just have the right to have 'their day in court' They must have a basis to their claim and a reasonable chance of success. They have wasted yours and the courts time dragging this hopeless claim all the way to a hearing.

It is not acceptable, it is against the overriding objective and it falls comfortably within the boundaries of unreasonable behaviour for which the court can award extraordinary costs under CPR 27.14(2)(g) as per your costs schedule.

Loadsofchildren123

Let's hope the DJ tells their rep that he's a stupid boy:rotfl:

Capt_Mainwaring

Just sat outside the court, soaking up a few rays of sun before I go in. Thanks for all of your help. Fingers crossed, I'll get the result we are all hoping for.

Lamilad

Who has turned up for them? Is it Mr Pickup?

Capt_Mainwaring

No one has introduced themselves to me yet. It's reasonably busy, so maybe they are not sure who to approach! Hopefully, they are not here at all.

nosferatu1001

Good luck today

Capt_Mainwaring

Another 5 minutes and I'll have been sat here for longer than the car was parked in Cavendish Retail park!

Capt_Mainwaring

Thanks Nosferatu. Hopefully, I won't meet a bloodsucker in the court!

Thorsson

Remember the wise words of Lance Corporal Jones, "They don't like it up 'em".