Next Step Help Please

Captainkirk_2

Thanks, it's not a case of her not being bothered it's a case of she just wants done with it and wants no involvement, it's me that wants to fight it as I was the driver and don't want to be ripped off by these people.


So where do you suggest I call it a day then? Do I fill in the N130 and accept whatever they propose at mediation or keep fighting until it goes to court (in the hope they pull out last minute)and then not turn up or try to do it by paper by notifying the court we won't be attending?

Coupon-mad

Mediation? Not only do we never tell people to try that, but YOU (the driver) can't do anything at all in this case as you are not the Defendant.

The car is under my partners name and she just wants it sorted as she doesn't want anything going against her name.

Nothing will.

I cannot believe posters want to throw all the hard work in the bin and lose, just for the sake of what might be a 15 minute meeting then out and have a coffee to celebrate or commisserate, with no CCJ in play and no effect on credit rating, as if she loses she then pays within 30 days, end of case.

Captainkirk_2

Coupon-mad, I appreciate your post but you are not really helping. By trying to bully me/us into going to court when I have given you the reason why my partner doesn't want to go should be enough. As I said I would/will fight it and go to court but my partner won't, she doesn't want anything to do with it, can I make it any clearer, she has work, she has our child to look after etc etc do you think she's got time to go on some crusade I've got us into to go to court in a different town and then drink coffee? The line you quoted was from an earlier post and I have given several other explanations why she won't attend since.


It's quite clear I have backed myself into a corner I didn't know I was getting into, as I believed I would be able to represent my partner but I now know I can't, so now I need a way out either with a quick win by bluffing or reduced loss really. That's the bottom line. Any help anyone?

nosferatu1001

C-M is trying to suggest its not as bad as your partner may fear, and not immediatley give up.

Not sure how you will get a "quick win". You can try to hold out in hopes they decide to discontinue late inthe day, and do it as papers only if they dont. Thats about the only way to not have to attend.

Captainkirk_2

Thank you nosferatu10, again it's not about her giving up, it's about her not having anything to do with it from the start and not wanting anything to do with it. Simple as that. I parked where I did, I chose to fight it.


There's 100% no chance my partner will go to court so lets all rule that out as an option, however unappealing that is for some people, because this will not change. I now need alternative solutions rather than opinions.


I appreciate your suggestion nosferatu10 because this is what I was thinking. If I can't represent in the mediation then I may as well say 'no' to this on the N130 form and then go straight for the court option. I then either have to hope they pull out last minute or if they don't then what do I do, do I just not turn up at court or can I write and request it's reviewed by paper or something? Is there any consequence in not turning up other than losing the 'case'?

KeithP

Captainkirk wrote: »

Is there any consequence in not turning up other than losing the 'case'?

If the Defendant doesn't let the court know that they will not be attending, then there is the possibility that 'unreasonable behaviour' costs might be applied.

I would suggest that you bluff it out as if the Defendant will be attending, in the hope that the Claimant sees your strong case and decides to discontinue.

If the claim is still live at say ten days (the rules say at least seven days) before the hearing the Defendant should write to the court stating that they will not be attending and request that the matter be judged on the papers.

The Defendant will need to file a comprehensive Witness Statement to stand a good chance, and of course will not be there to challenge any of the 'less that truthful' statements that the Claimant's representative may spout.

Captainkirk_2

Thank you KeithP most helpful

Coupon-mad

Best of luck, genuinely. I hope the case is won, somehow!