Defence review requested following Claim Form - Am keeper but not driver

Coupon-mad

The reply to defence will say whether or not they are relying upon the POFA.

bagold

Coupon-mad said:

The reply to defence will say whether or not they are relying upon the POFA.

Thanks. I'm abroad right now. Will check as soon as I get back. 

Gr1pr

Mediation is about trying to find a compromise figure,  nit discussing the case,  the mediator is not a judge or legal counsel

Read the mediation advice in the newbies sticky thread post 2 and the 12 steps, plus read other recent cases with feedback on mitigation,  some people offer £zero , as in the advice about a 5 minute phone call,  others have made offers of £10 or £20 which were accepted in some cases 

Reading other threads like we do means that you get up to date information,  from those going through the process,  so I suggest half an hour research on the topic please

bagold

Coupon-mad said:

The reply to defence will say whether or not they are relying upon the POFA.

This is what they say in relation to my point that I was not the driver:

Coupon-mad

Yep, so you can see for yourself what their position is re the PoFA. It's written there clearly.

bagold

At this stage is there any point in providing the name of the driver? The driver was based in Scotland and now lives in Qatar. I assume answer is no. 

Next question, if I may. I will offer £30. I assume they will reject this and maybe make a counter offer. Let's say £150. Do I have to meet in the middle or should I just say £30 is my final offer or any other suggestions?

Coupon-mad

bagold said:

At this stage is there any point in providing the name of the driver? The driver was based in Scotland and now lives in Qatar. I assume answer is no. 

Too late I'm afraid. Sadly you missed a chance to completely escape any court claim. Naming the driver as living abroad would have stopped all this at pre-action stage.

Only offer a tenner at first. Then £20...etc.

bagold

Coupon-mad said:

bagold said:

At this stage is there any point in providing the name of the driver? The driver was based in Scotland and now lives in Qatar. I assume answer is no. 

Too late I'm afraid. Sadly you missed a chance to completely escape any court claim. Naming the driver as living abroad would have stopped all this at pre-action stage.

Only offer a tenner at first. Then £20...etc.

Thank you yes I realise its way too late to name the driver. But should I keep increasing from £20 until they agree. Or at some point say (£30?) that's enough. I know this is 'how long is a piece of string' type question. But just looking for guidance. What if they refuse to budge? Is the bottom line it'll go to court and I'll have to play the £210 they asked for plus maybe court costs?

Coupon-mad

No, that's not what you risk. I don't understand why people assume there are extra costs!

Relax. This is only a small claim. Huge costs don't feature. The costs are already listed in the claim, except for £27 if it goes to a hearing but the claim has already been inflated by £25 that PEye can't have because it wasn't on signs.

So that balances out.

Le_Kirk

Start at £10, I wouldn't go as high as £30. If they refuse to take your sensible offer, you will see them in court. Costs in small claims court are limited - max you are likely to pay (if you lose) is £212. What is all this talk of losing?