Fair enough.
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Greater Anglia sued, warrant for baliffs issued
- Thread starter Merseysider
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R
RailUK Forums
Well he got lucky through the quirks of our legal system. I'm sure the next person who try's it will not find it so easy. The TOC' s will be expecting it and the legal teams will have fine tuned their arguments already.
Good luck to anyone who try's maybe some of the Forums barrack room lawyer types fancy their chances
Not sure a judgment in default is in any way a quirk. GA decided not to contest the case and were then sloppy in issuing compensation as per the judgment due.
I understand the approach of not defending as being cheaper for the TOC, but having lost, it's just corporate stupidity to not pay up and leads one to wonder whether not defending was a strategic tactic or just plain incompetence?
However, the not defending approach may now lead to a number of copycat cases - after all, £35 is not that big an amount to gamble on a win by default.
However, the not defending approach may now lead to a number of copycat cases - after all, £35 is not that big an amount to gamble on a win by default.
Sonadagothalus
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In my experience of court claims on both sides it is more than likely an oversight, anyone not familiar with the legal process can get such a form and not understand what to do with it likely forwarding it on to another department of the business. This is a single paper copy keep in mind so very easy to end up under a pile of other paperwork and get overlooked.
I'd wager that TOCs are not often sued so again even if the right person got it, they wouldn't perhaps know the correct way to respond. I've had quite a few wins this way just through the sheer incompetence of the other side.
There is of course every chance that such a paltry sum in the grand scheme of things is cheaper to ignore as once you show your hand in a defence, should this ever be shared, every subsequent claim will be that much tighter and harder to fight off. I strongly suspect that Abellio were not happy at paying out this money and someone got their backside chewed for not picking up on this earlier and not getting the claimant to settle out of court signing a confidentiality agreement as i don't imagine this PR is welcome.
Expect a process to now be in place and any other claims to either be defended or paid off depending on the value.
I'd wager that TOCs are not often sued so again even if the right person got it, they wouldn't perhaps know the correct way to respond. I've had quite a few wins this way just through the sheer incompetence of the other side.
There is of course every chance that such a paltry sum in the grand scheme of things is cheaper to ignore as once you show your hand in a defence, should this ever be shared, every subsequent claim will be that much tighter and harder to fight off. I strongly suspect that Abellio were not happy at paying out this money and someone got their backside chewed for not picking up on this earlier and not getting the claimant to settle out of court signing a confidentiality agreement as i don't imagine this PR is welcome.
Expect a process to now be in place and any other claims to either be defended or paid off depending on the value.
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