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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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In an accident in a parking lot - two cars collied back to

Customer Question

In an accident in a parking lot - two cars collied back to back. Both parties are blaming each other - 'A' saying he was stationery and 'B' bumped. 'B' claiming that that actually 'A' bumped into her car. Both seem to be credible in their statements. What could be the outcome of the case.
Submitted: 2 years ago.
Category: Law
Expert:  Matt Jones replied 2 years ago.
Matt Jones :

HI i will try and help

Matt Jones :

are there any witnesses?

Matt Jones :

I presume there is no CCTV footage?

JACUSTOMER-dvjem6lm- :

No witnesses

Matt Jones :

can you tell me a little more about where the cars where in relation to one another? i.e were they in parking bays etc

JACUSTOMER-dvjem6lm- :

yes, both cars were in bays in the car park. 'A' says that he did not even have his engine on and was stationery. He says that he felt a bump in the back of his car. 'B' was parked in a parking space opposite 'A'. However, 'B' states that she was reversing her car out of the space and stopped in the middle of the isle. She was then stationary and put her car into first gear, and then she felt a bump at the back of her car. She states that 'A' reversed into her. There is no further evidence. Both claim that they were stationary and the other reversed into them. Based on this information what is the most likely outcome.

Matt Jones :

does "B"s story stack up in relation to the width of the isle? has anyone measured the width. Could a person reverse 1/2 way out and then put their car in 1st gears? Normally when you reverse out of a space you have to go all the way across the "isle" to get enough space to maneuver forward.

JACUSTOMER-dvjem6lm- :

'B' says that she reversed her car out of parking space and brought it to a halt in the middle of the isle. She had selected first gear and was just about to straighten up when she felt an impact. No body has yet measured the width of the isle.

Matt Jones :

ok, well I think that will have a big impact on the outcome of the case. There does seem to be an agreement on one fact. That B was reversing. The disputed fact is that A was reversing also. It will ultimately come down to the credibility of the parties and who the Judge believes, and who is the "better" witness. I think in order for the versions of events to be fully tested the area need to be measured and pictured as I have my doubts about B's version given that fact that, in most car parks you need to back out of a car parking space, usually all the way to the other line of cars, before you have a chance to move forward and turn your wheel. But this needs to be proved and shown to the Judge.

Matt Jones :

I hope this helps. Please ask any follow up questions.

JACUSTOMER-dvjem6lm- :

Can I think more about follow up questions and get back to you? Am I signed up just for today? Any specific limit of questions I can ask?

Matt Jones :

Yes of course, and as long as it relates this question there are no limit to the questions. If you can leave me positive feedback now the question wont close and you can come back at any point (even after today) and ask follow up questions. I can be paid for my time then you see :)

JACUSTOMER-dvjem6lm- :

I will definitely leave good feedback. I presume that I won't have to pay any more for further follow up questions.

Matt Jones :

no you wont

JACUSTOMER-dvjem6lm- :

Assuming that both A and B are credible and that this is the only information we have. Are you able to say what the likely outcome of the trial could be, if there was one

Matt Jones :

extremely difficult to call I am afraid. It will come down to the judge on the day and whose version he agrees with. like I say if s judge is asked to side with one or the other it may come down to the detail of the the intricacies of the layout of the car park. However he may of course decided that both and neither are to blame in the same breath. So that both parties are negligent and so neither hold responsibility. If it were my case I would be extremely nervous about it, and so I would be gathering all of the information i possibly could about the layout of the car park, the back ground of the parties, and so forth, before decided to rely on the discretion of the Court.

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Customer: replied 2 years ago.

Hi, Thank you for your help. I now have further information in relation to the case. A is making a personal injury claim against B and B has submitted a witness statement late. This is a claim that is worth 15000 and has dropped out of the portal. B's solicitors are now making an application for relief from sanctions. If A's solicitors unreasonably oppose this would there be costs consequences for them given that fixed costs would apply?

Expert:  Matt Jones replied 2 years ago.
Hi thanks for your additional questions.
This is straying a little from the original question but I will try and help further.
Over the past 12 months The Courts adopted approach has varied; from very strict approach in a case known as Mitchell, where unless there were very good grounds for not complying with the court timescale then an application for relief would fail; to recently a more lenient approach in a case called Denton v TH White. B would still have to show that there was a good reason for not complying but generally if this doesn't impact on the case as a whole, of the timescales, then the Court could make an award for relief.
If the Court were to find for B then A is at risk for a Costs if they unreasonable agree to the application for relief.
I trust this helps
Customer: replied 2 years ago.

Thanks for your help. Very helpful.

Expert:  Matt Jones replied 2 years ago.
No problem, all the best