"If" it goes to court, what are my risks?

"If" it goes to court, what are my risks?

Author
Discussion

chilistrucker

Original Poster:

4,541 posts

150 months

Saturday 24th February 2018
quotequote all
The DVLA have now contacted me in relation to my compensation claim. The lady leading my case has said the panel have agreed to pay me the full amount I am claiming for my loss of earnings. This is for a 14 month period and will be minus actual wages I did earn for some of that period. They have asked for some wage slips, bank statements and the like to establish their actual offer, all of which I have now sorted.

In relation to the figure I requested for all stress related issues, they say they can not pay the amount I am asking for, (a lot, but warranted) but they will make a consolatory offer. The lady informed me that I should be aware that any money paid would be coming from the public purse.
I did ask her if that was the same public purse that I had been paying into with my taxes for the last 30 years?

I'm now just waiting for their first offer and fully expect the stress related side of the offer to be very low.
If it is I will look at seeking legal advice as to my next move?
I am more than happy to see this through to the very end now, I know the legal costs would soon mount up, but if successful would 'my' legal team seek to recover all of their costs from the DVLA, or would it still be down to me?

I've not been in this type of situation before so would appreciate any info,
TIA.

Boosted LS1

21,165 posts

259 months

Saturday 24th February 2018
quotequote all
What the fk are you on about? Some history would help? Have I missed something? I need to sleep now.

Edited by Boosted LS1 on Saturday 24th February 23:31

cossy400

3,153 posts

183 months

Saturday 24th February 2018
quotequote all
Boosted LS1 said:
What the fk are you on about? Some history would help? Have I missed something?
Bit of an extreme reply.........

I hate to be the 1st to ask but if your seeking legal then is there no way a "no win no fee" would take I on?

They are going to low ball you, you know that.

Its all down to how much more stress do you want out of this?

If a no win would take it on then id be inclined to push it further BUT are you going to be any better off after they ve took there hit against what they offer you

PorkInsider

5,877 posts

140 months

Saturday 24th February 2018
quotequote all
I’m not sure, Chilis, but I wish you the very best of luck with it.

Hopefully one of the PH legal experts will be able to point you in the right direction.

As for the person pointing out to you that the money will come from the public purse, I wouldn’t give it a second thought.

Pericoloso

44,044 posts

162 months

Saturday 24th February 2018
quotequote all
Boosted LS1 said:
What the fk are you on about? Some history would help? Have I missed something? I need to sleep now.

Edited by Boosted LS1 on Saturday 24th February 23:31
Check "Chilis" posting history ,his issues with DVLA taking away his driving licence and livelihood have been ongoing for

some years now.

Luckily resolved now ,he would just like compensation for THEIR incompetence.

MitchT

15,787 posts

208 months

Saturday 24th February 2018
quotequote all
Boosted LS1 said:
What the fk are you on about? Some history would help? Have I missed something? I need to sleep now.
I'm not the only one thinking this then!

It's like walking into a thread that's been running a couple of years already, but the last couple of years have disappeared!

anonymous-user

53 months

Sunday 25th February 2018
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Is it s Part 36 offer? Are you prepared to accept the consequences should a court deem it adequate?

Riley Blue

20,906 posts

225 months

Sunday 25th February 2018
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MitchT said:
Boosted LS1 said:
What the fk are you on about? Some history would help? Have I missed something? I need to sleep now.
I'm not the only one thinking this then!

It's like walking into a thread that's been running a couple of years already, but the last couple of years have disappeared!
There have been several threads about Chilli's battle with the DVLA, perhaps it might have been better if there had been a single one but look at his profile for the others.

Steve H

5,224 posts

194 months

Sunday 25th February 2018
quotequote all
cossy400 said:
I hate to be the 1st to ask but if your seeking legal then is there no way a "no win no fee" would take I on?
He's already won, now they are just debating numbers.

I'd suggest waiting to see how much they do offer as a starting point. If it's a stupidly low amount (say 10-20% of your claim) then either your claim is unrealistic or they are waiting to see if you will lawyer-up. If you're confident the claim is correct (have you taken advice on what it should be worth or just picked a figure that you feel is right?) then push forward on the legal route. This doesn't mean going to court (yet) but sometimes you just won't be taken seriously unless it's on a demand on an expensive looking letterhead.

If their first offer is low but not daft (say 30-50%) then it's worth negotiating first to see how far they will go unless you are determined that your 100% figure is correct and achievable (in which case you should have asked for more wink ).

gruffalo

7,509 posts

225 months

Sunday 25th February 2018
quotequote all
Seeking the services of professional mediation would be my next step.

This would also be viewed positively by the courts that you have instigated this process before going legal.

Cheaper than legal as an added bonus.

Nickyboy

6,700 posts

233 months

Sunday 25th February 2018
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Problem is that there is no figure you can put on stress and other things, it's all down to personal opinion, one persons figure would be very different to someone elses, especially when it comes to compensation.

Best of luck to you, hope it comes to a decent end

4rephill

5,040 posts

177 months

Sunday 25th February 2018
quotequote all
Riley Blue said:
MitchT said:
Boosted LS1 said:
What the fk are you on about? Some history would help? Have I missed something? I need to sleep now.
I'm not the only one thinking this then!

It's like walking into a thread that's been running a couple of years already, but the last couple of years have disappeared!
There have been several threads about Chilli's battle with the DVLA, perhaps it might have been better if there had been a single one but look at his profile for the others.
Perhaps it might have been simpler still for the OP to make some sort of reference to what he was on about, rather than starting yet another thread on the subject, without any reference to previous threads, assuming that people would either automatically know what his issue was due to some perceived PH "fame", or expecting everybody else to spend their time tracking down what his issue is? - Just a thought!



Gargamel

14,957 posts

260 months

Sunday 25th February 2018
quotequote all

The lady on the phone is very unlikely to be the one making the decision, and may have a slight er, bias against paying the correct amount of money out.

Stick at it, only you will know when you get the offer. I would guess whatever they offer, then look at the gap between your expectation and where they are and make a decision then.

Don't think going to court is sensible. But I guess it depends on the offer

Good Luck !

davepoth

29,395 posts

198 months

Sunday 25th February 2018
quotequote all
That they've agreed to pay out earlier then the morning of a court case, and pay out more or less in full for the accountable damages plus a sum for your hurt feelings suggests that their legal bods think you've got a strong case. You might end up with more money if you go to court but if everything goes the wrong way you might end up losing and have a bill to pay.

If the final sum puts you financially ahead of where you would have been if they'd not fked stuff up in the first place then grab it with both hands IMO.

ging84

8,824 posts

145 months

Sunday 25th February 2018
quotequote all
I think the real question is do you really need / want this extra compensation, or is it about trying to right a wrong.

cossy400

3,153 posts

183 months

Sunday 25th February 2018
quotequote all
Steve H said:
cossy400 said:
I hate to be the 1st to ask but if your seeking legal then is there no way a "no win no fee" would take I on?
He's already won, now they are just debating numbers.

I'd suggest waiting to see how much they do offer as a starting point. If it's a stupidly low amount (say 10-20% of your claim) then either your claim is unrealistic or they are waiting to see if you will lawyer-up. If you're confident the claim is correct (have you taken advice on what it should be worth or just picked a figure that you feel is right?) then push forward on the legal route. This doesn't mean going to court (yet) but sometimes you just won't be taken seriously unless it's on a demand on an expensive looking letterhead.

If their first offer is low but not daft (say 30-50%) then it's worth negotiating first to see how far they will go unless you are determined that your 100% figure is correct and achievable (in which case you should have asked for more wink ).
I know hes already won, I was on about the claim hes making now.



cossy400

3,153 posts

183 months

Sunday 25th February 2018
quotequote all
ging84 said:
I think the real question is do you really need / want this extra compensation, or is it about trying to right a wrong.
If you were earning 40k a year and some incompetent pen pusher took your lively hood away, what would you want out of it?

Considering it nearly drove him to the brink and he was earning considerably less for the whole time they refused to give him his licence back.

I would want to be reimbursed for a good chunk of what ive lost from not being able to drive.

chilistrucker

Original Poster:

4,541 posts

150 months

Sunday 25th February 2018
quotequote all
Thanks all for the input.
Perhaps I should have been a bit clearer, my bad I just didn’t want to do it all to death, yet again.
I’m certainly not after any PH hall of fame topic status, I’m Just after a fair related payout from those responsible for the wrongs in the first place, the wrongs that are now very well documented in the report by the Public Health Service Ombudsmen and the report submitted to the DVLA by the Independent Complaints Assessor on my case.
The DVLA have also agreed in full to the I C A reports findings.


The loss of wages is not the issue as they have already agreed to pay me in full for this, both verbally and in an official letter.
It’s just about the “stress” issues now and coming to what would be an agreeable amount for both parties.
The above mentioned 30-50% of my original stress related claim would be acceptable to me.
I did alot of research before submitting my claim but could not find anything set in stone in British case history as this appears to be a grey area. I therefore based my findings on an American based system. I know it’s not ideal but I had to submit a figure and this was all I had to go on, I was also very clear in highlighting this to the DVLA in my claims form as I wanted them to be fully aware of my workings/findings.

Yes the claim is high and I was fully aware when submitting the claim that they were never going to agree to that figure but I had to start somewhere.
I know I harp on about this but They have done a pretty good job this last 3 years of nigh on ruining me and my partner throughput the whole ridiculous saga. I have detailed all of these issues in my claim, (all 11 pages) and explained that if required I am happy to undergo any medical or psychological examination they feel necessary. I can understand this may seem a tad far fetched and woe is me, but you do really have to have lived it to get a genuine understanding of the impact they have had on our lives.

Thus far with the compensation claim, everything has been a box ticking exercise. The DVLA were very specific on their forms as to what they would and wouldn’t pay out on and how this may or may not be achievable. I’m just trying to dot the I’s and cross the T’s for their benefit and to make them fully aware that I seek a satisfactory outcome.

I know I have to be a realist and am fully aware that I am dealing with a government department who’s main concern is the public purse.

That doesn’t mean I have to roll over and play dead for their benefit though. I will just wait now for the first full offer to come through and go from there.

Based on some of the above posts and my own thoughts, if needs be I will indeed consult with a legal team and let them contact the DVLA on official note headed paper in relation to my claim, and the DVLA’s response to it.

I’m not saying or assuming i’m right, and am not thinking for one minute that things will go my way but to give up now without fighting it to the bitter end would seem like a huge failure on my part.


Steve H

5,224 posts

194 months

Sunday 25th February 2018
quotequote all
cossy400 said:
I know hes already won, I was on about the claim hes making now.
What I meant was having won, going to a no-win - no fee merchant doesn't make much sense.

ging84

8,824 posts

145 months

Sunday 25th February 2018
quotequote all
cossy400 said:
ging84 said:
I think the real question is do you really need / want this extra compensation, or is it about trying to right a wrong.
If you were earning 40k a year and some incompetent pen pusher took your lively hood away, what would you want out of it?

Considering it nearly drove him to the brink and he was earning considerably less for the whole time they refused to give him his licence back.

I would want to be reimbursed for a good chunk of what ive lost from not being able to drive.
That is sort of my point
They have offered to reimburse him for what he lost not being able to drive, so is the further claim really about the money, or is it about trying to get back at the incompetent pen pusher ?