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Hitting a parked vehicle and not leaving details


kevinjohnsonmbe
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2 hours ago, Mark Bolam said:

Will you be putting a whiplash claim in?

 

1 hour ago, kevinjohnsonmbe said:

I haven't got the brass neck for that Mark...... It was parked and unoccupied!! 

I'd imagine that you're extremely stressed by the whole situation, all the letters, phone calls, loss of sleep worrying about the court appearance etc. Must be verging on PTSD O.o I think you might need counselling and a script for anti-depressants at the least.

 

 

when you get over it, then you might reconsider a claim:D

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There must be a way Gary. 

 

I tried the moneyclaiminline.com route and it was allocated to small claims Court track. 

 

Legislation dictates that SCC track precludes claims for litigation costs. 

 

Leaves me wondering, since it was 'by value' allocated to SCC track, should I have insisted it went to an alternative track where litigation costs are permitted - since without that there was very little (£2.50) to actually claim? 

 

Possibly, but I didn't know that until during/after the hearing. 

 

Im done with it now, it's run it's course. I may, just for peace of mind and the learning experience, discuss it further with some legal heads. 

 

Dont like it it when things feel like they are incomplete. 

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59 minutes ago, kevinjohnsonmbe said:

 

 

Im done with it now, it's run it's course. I may, just for peace of mind and the learning experience, discuss it further with some legal heads. 

 

Dont like it it when things feel like they are incomplete. 

 

I was only kidding! 

 

But because the other party wouldn't 'man up' and accept responsibility I'd feel the same.

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2 hours ago, kevinjohnsonmbe said:

Legislation dictates that SCC track precludes claims for litigation costs. 

 

 

... and that is also why the offer  wouldn't have made any difference as it only affects the claim for costs, and there cannot be any in a small claim. I had the same situation on a breach of contract claim I made, the other party paid half my claim into the court, I simply withdrew it and continued with my action, which they settled in chambers of the registrar when he said he was not going to hear the case and send it to the county court.

 

You could have conceivably put in for un-liquidated damages  of less than £5k  but more than the cost of repair but in my view you had a good and just result preventing the guiltyr party getting away with it.

Edited by openspaceman
typo
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