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Court hearing help

2 replies

richje100 · 06/12/2022 19:02

Evening all. Long post sorry please bare with me.
After the court hearing to submit evidence for damage to my car from a mechanic (in which the defendant did not turn up) it was agreed that a date for a final hearing would be set up and notified to us both.
Evidence I provided was as follows:
Photos of the damage
Photos before the damage
Copy of a reciept for work I paid to have rectify one of the issues.
This receipt also lists the damage to the car which he seen when he inspected it.
Copy of a quite for replacement parts.
Because I no longer have the car because I could no longer be without for my work travels (already without it for 2weeks whilst it was not drivable) judge allowed me to rely on the receipt which details the issues to the car but also said I need to get a witness statement from him.
The garage does not want to get involved in a legal dispute so its unlikely that he will give a witness statement, what can I do and what implications can this have?
Now the letter has this paragraph (in the pic), is this something that is common or have I done something wrong?
The letter states that they give permission to rely on the receipt with damage noted, and the quite for replacement parts (aswell as statement). No mention of the photographs, dashcam footage or the message conversation back amd forth where he has lied.
And lastly the defendant did not attend mediation or the evidence hearing, how likely is he going to be judged on this?
Sorry for the long post but any help would be greatly appreciated. This is new territory to me so I don't want to get it wrong.

Court hearing help
OP posts:
prh47bridge · 06/12/2022 23:39

You should ask the garage for a witness statement. Don't assume they won't give one. If not, would they produce an engineer's report if you paid for it?

The highlighted paragraph is standard. It doesn't mean you have done anything wrong. It is simply setting out what may happen if either party fails to comply with the order.

richje100 · 06/12/2022 23:57

Thanks for the reply. I say that he wouldn't do a statement because when he done a repair to correct part of the work and gave me a report he said he doesn't want to go to court or have anything to do with the case I was brining upon the mechanic.
It was suggested by someone that I could write the statement and get him to agree to it and sign but I'm not sure whether that's the right thing to do.
And another suggestion is to apply to have it dismissed under section 3.4 because the defendant hasn't turned up for mediation or the evidence hearing that it'll be wasting the courts time.

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