"If" it goes to court, what are my risks?
Discussion
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.
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.
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.
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.
hutchst said:
Forget anything you've read on the internet about compensation payouts In the USA. Chuck it in the bin before you get sucked into a legal battle you might come to regret. If youre looking at American-style payouts your expectation is way too high.
This was a deliberate move on my part. I know how ridiculous the American system is that I used, I was just making a point to the DVLA. Just another box ticking exercise. I am not looking for an American style payout I just wanted the DVLA to be fully aware that as much as this was unacceptable claim to them, so would a low ball offer based on the public purse offer be, by them, to me.
As always stated I only ever wanted what was right, it’s been a bloody hard battle to get this far but at least the tide has well and truly turned, and rightly so.
They nigh on ruined us and should be accountable for it to some satisfactory level. To be honest i’d quite like my day in court to stand up if need be and tell them exactly what they put us through and just how far it pushed us, both emotionally and mentally. I have told them time and time again I would be happy to undergo any psychological analysis they feel necessary.
I explained to them in the claim that had they invited me down to Swansea to discuss these matters I would have had to refuse. Still to this day if you put me in a room with those responsible it would not end well, I would only be leaving that room in handcuffs.
Strong words, and not the words of any reasonable, rational thinking human being.
I don’t care, I mean every single word, my hatred and anger for all those responsible, runs very, very deep. Sadly they have changed me forever, just ask my poor Mrs, somehow she has stuck by my side throughout, the right outcome, victory, what ever you want to call it is as much for her as it is for me.
The faceless f
king clowns down there should be held accountable for ALL the lives they have ruined whilst the DVLA/DMG continued to fail st almost every single level.janesmith1950 said:
Our system is not the US one, it's irrelevant.
You deserve to be put back in financial position you would have been, had they not cocked up. Aside from that, I don't feel you have any right to demand compensation for stress. Lots of things in life are stressful. On the principle, I don't agree with you that you are entitled to compensation over and above your financial losses, unless you've developed a mental illness as a direct result of what's happened.
You have won your case, even though it might not feel like it. Digging in for a substantial uplift on the basis of damages you feel morally entitled to (if not legally) is a perverse way of extending that stress.
The US system is indeed irrelevant but as there is nothing in place in the English system I was purely using it as a basis.You deserve to be put back in financial position you would have been, had they not cocked up. Aside from that, I don't feel you have any right to demand compensation for stress. Lots of things in life are stressful. On the principle, I don't agree with you that you are entitled to compensation over and above your financial losses, unless you've developed a mental illness as a direct result of what's happened.
You have won your case, even though it might not feel like it. Digging in for a substantial uplift on the basis of damages you feel morally entitled to (if not legally) is a perverse way of extending that stress.
Yes I have my licences back and have won my case but the fight has cost me both financially and mentally, this is not about winning some vastly inflated figure to make me feel good, it’s about getting some form of satisfactory figure for the damages that have been done.
All of the pain and suffering and injustice of the last 3 and a half years is as a direct result of the incompetence of the Drivers Medical Group and they should, (in my opinion) be accountable for this.
I’m under no false illusion here that my chances are slim, but to just walk away now at the first low, (i’m assuming) offer in relation to the stress issues would see me falling at the last hurdle.
I haven’t fought this hard for the last 3 and a half years to just walk away now.
I agree that lots of things in life are stressful, but when those stresses are caused by an inept, outdated and sub standard government organisation who have been proven to fail so many, i’m happy to consider looking at all options.
Anything I may or may not be able to achieve is worth fighting for. Anything I can do to be a thorn in the sides of the DVLA/DMG is worth it in my opinion.
Just walking away would be no real achievement,
I guess that will be the fail in me.
I do indeed take it personally, (not from posters) from the DVLA/DMG.
It is hard not to, but
I am also trying to be a realist that’s why I appreciate the input from all,
regardless of if it’s what, (in my head) I want to hear or not.
As stated above, the best I can do is wait for the first full offer to come in and then take stock of what to do next, if anything.
If I do go down the legal route it would be with a recommended company, not the no win no fee route.
I do indeed take it personally, (not from posters) from the DVLA/DMG.
It is hard not to, but
I am also trying to be a realist that’s why I appreciate the input from all,
regardless of if it’s what, (in my head) I want to hear or not.
As stated above, the best I can do is wait for the first full offer to come in and then take stock of what to do next, if anything.
If I do go down the legal route it would be with a recommended company, not the no win no fee route.
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