Missed witness statement deadline yesterday anything I can do?

Coupon-mad

Not Crosby.

Freeeeee

I sent my bundle off by email early this morning but dcb’s email is just a standard info@ one and I got an automated email saying that their turn around is 10 working days . Do I have to do anymore than this to ensure they have definitely received it? 

 Many thanks 

Freeeeee

Coupon-mad said:

Not Crosby

Oh no I have drawn on this case (sent off my bundle early very early this morning) :-(  I had luckily already included the cases that @redx mentions though. And thankfully I have had reassurance from the court that they are backed up and so do not for see any issue in the slight delay in sending the witness statement and bundle. Massive relief! 

Coupon-mad

OK, also forward the bundle again, to paul@ and danielle@ dcblegal to avoid it only going to info@.

Freeeeee

Provisional win at my hearing today… how long do they have to appeal? 

The judge ruled that she was not satisfied with the claimants expectation that the judge rely on common law and balance of probability when the car was used by multiple insured drivers regularly on a date 6 years ago to identify me as the driver - and of course no liability as keeper due to lack of ability to rely on POFA. 

The other point she raised a question on was Highview’s question about why I didn’t nominate if I wasn’t the driver, but the judge agreed with me that there is no legal duty to do so and precisely why POFA is there. 

Therefore she ruled that there was no contract with myself and Highview and dismissed the case. She didn’t go in to any of the other points of the case or the rest of the witness statements as she felt the contract/liability element was fundamental for anything further. 

However there was no representative from highview/dcbl at the hearing because they hadn’t provided a contact number and the only number on file was the switchboard number. So she did say that the Claimant could apply for it to be set aside on this basis or appeal the decision. 

I did find out from the court admin after the hearing that the claimant did email in regarding not getting a phone call so I’m not sure what this means in terms of whether to expect another hearing. 

Coupon-mad

Good and bad then.  I suspect it will be re-heard because it sounds like they were expecting a call and therefore must have provided their number.

Freeeeee

Any idea how long they have to ask for the judgement to be set aside and as for the claim  to be re-heard? 

Coupon-mad

They'll object this month if they can show the Court they did provide a phone number.

Expect to get resurrecting court Directions some time in January, if not you could ring the court in January to check if the case remains untouched or did they object and is it awaiting Directions? 

You can't ask yet (too soon).

Freeeeee

Eurgh that’s a pain. 

If they didn’t provide a number can they still request for the judgement to be put aside? 

Also if a re-hearing does take place does that judge get to hear the previous judgement or is it looked at blind to the previous judgement? 

Wondering if the judge this hearing is also prevented from taking a re-hearing or is it just given to anyone who is on duty? 

Sorry for all the questions, of course the idea of a re-hearing is a bit deflating!

Umkomaas

Freeeeee said:

Eurgh that’s a pain. 

If they didn’t provide a number can they still request for the judgement to be put aside? 

Also if a re-hearing does take place does that judge get to hear the previous judgement or is it looked at blind to the previous judgement? 

Wondering if the judge this hearing is also prevented from taking a re-hearing or is it just given to anyone who is on duty? 

Sorry for all the questions, of course the idea of a re-hearing is a bit deflating!

That's a string of 'What ifs' about the legal process. We're a parking forum. Perhaps you could pose them over on the LegalBeagles forum where many contributors there have much greater interests in/experience of the legal side of things.