Serial Posty been awarded £10'000 for a fake bite

by memegirl777 Wed Nov 29, 2023 9:44 pm

This is an odd one and very vague at the moment ,

I have a friend who has only just told me that a postman who has claimed to of been bitten and been awarded damages before has claimed that her dog bit him ,

There is no evidence of this other than his say so and what she says looked like a tattoo ,

He is part of a union and they have bought the case ,
They are claiming £10'000 costs £600 damages ,
Not the first time he has done this ,

Long and usual story of friend did not have a clue what to do nor the resources ignored it ,

The union obv know this and relied on that fact ,

I have asked for as much info as poss she has literally just sent me the order which I will put up ,

The case was "mid " Nov she had that mystery disease covid (flue ) it was a phone call hearing and she could not speak ,
Roll forwards the Union solicitor is trying to get her to pay by 4pm on the 29th ,
Yet looking at the order which I shall attach I think she can apply for a set aside and start from there ,
They have sent the new bundle via PDF email which she can not open ,
Neither can I ,

Serial Posty been awarded £10'000 for a fake bite Dyan_f10

by memegirl777 Wed Nov 29, 2023 9:53 pm

This lady runs a real charity for local people and children who can not afford to even eat properly ,
That clearly has no sway but hence I would like to help with this ,

I think the judge may of handed her a life line here , I may be wrong,

She was required to provide a "positive test " ,

The day before the phone hearing she stopped a girl "late teens" from literally throwing herself in to traffic and had to hold on to her while the police came ,
She was on her way to work which is working with teenagers at college she was literally in shock and they sent her home ,
she is now in counselling as a result .

If possible I could do with a refresh on getting a set aside for her ,
And am I correct that the bundle must be sent via post as a physical bundle so it can not be edited etc ,
Thankyou as always for any help ..

by **daveiron** Wed Nov 29, 2023 10:16 pm

I am not the one to advise on court procedures, However proof of claim seems paramount here, ie; doctors / hospital etc.
Would it be possible to require under penalty of perjury whether he has made a similar claim before.
Sec 1a Perjury Act 1911

by memegirl777 Wed Nov 29, 2023 11:07 pm

Thankyou daveiron
That's a start ..
I'll have all paper work tomorrow bar the "revised " evidence bundle which we can not open .
I have looked in to the evidence email situ it would seem if you supply your address permission could be deemed given ..
But that doesn't allow for capability to open large files etc ..

by memegirl777 Thu Nov 30, 2023 1:23 pm

I have told my friend to ring court today which she has ,
Court has stated either ,

Pay cost of solicitor so far £600 ,
Contact solicitor to arrange payment plan ,
OR
Vary newest order of payment form and fill in EX160 fee revision form

Attached is the rest of the order which was forwarded over night ,

I have until 4pm to do any of the above , Thankyou ,

I just want to get her on the right track so she can start from scratch ,

Serial Posty been awarded £10'000 for a fake bite Screen21

I have original bundle , Contains a very shody medical report , doesn't even seem he attended and was 11months after event ,
Claimant did not seek medical attention and carried on with round ,
If I had of had it all earlier I could of stopped it I'm sure ,

by flyingfish Thu Nov 30, 2023 2:36 pm

Applying for set aside looks the best option since the court is effectively inviting this. The order noted that judgement was made in default, did the defendant not respond at all to the original claim?

For set asidecyou need to show reason for lack of response, that you have an arguable defence,and thst you are applying promptly.

by memegirl777 Thu Nov 30, 2023 3:05 pm

Thankyou Flying Fish that's what I thought , looks like the judge has thrown her a lifeline ,
I will upload papers I do have this evening,

She has emailed the claimants solicitor who has accepted £20 per month , First payment to be made today if to keep within Court order so far ,

In doing this she is not accepting blame is she ?

Or shall I knock up an email for her to forward to the solicitors stating this is not an acceptance of claim ,etc ?

by flyingfish Thu Nov 30, 2023 5:26 pm

memegirl777 wrote:Or shall I knock up an email for her to forward to the solicitors stating this is not an acceptance of claim ,etc ?

Definitely do that. Would have been better not to have made the offer at all, but i guess they were thinking about the costs already awarded.

by memegirl777 Thu Nov 30, 2023 7:50 pm

Done Flyingfish ..
Yes definatly and had to be paid by 4pm today ...
I've got some bits together ..

Statement from DR costing £330.
and Royal mail injuries form( filled in 8 months later) and with day after aledged incident .. state it hapened on a pavement ..
Postman states states dog got through to neighbours garden .
I have around 9 statements inc my own in a proffessional capacity re dogs temprerment and neighbours statements both sides dog has never got through fence .
He has stated never had an accident injury before but I've found a social media post of a prev dog bite .

Police attended and dog was on his back for a tummy rub ... no further action ..
I think I can help her swing it but understand I can't represent her ..
The photos do not look like puntcher wounds .. looks like hes cought it on a nail ..
He states her daughter ran out .. she wasn't there ..
There was 2 other women in the house who saw and heard nothing from him ..
He has stated the dog bit him 2 years previously .. blatent lie ..
I'm quite hopeful I can get it stopped if I can get a set aside ..

by flyingfish Thu Nov 30, 2023 8:21 pm

It sounds like you have this covered. Assuming you get the set aside, have a look into "lay representatives", you may be able to give quite a bit of assistance in court.

by memegirl777 Fri Dec 01, 2023 2:29 pm

Just picking through paper work and this did bug me ..
Should I request a signed copy ..
Or should I use this to our advantage .
There are several copies of this all unsigned ..
Thankyou in advance ..

by memegirl777 Fri Dec 01, 2023 2:31 pm

Try adding photo .. Rolling Eyes

Serial Posty been awarded £10'000 for a fake bite 20231210

by memegirl777 Tue Mar 12, 2024 4:00 pm

So I managed to help my friend get a set aside ,

With the knowledge I have learnt from this forum and you guys ,

On what to pick up on and how to put what I term as an evidence bundle together ,
And very importantly evidence she needed to cite that her daughter was in a city on a shopping trip not at the home speaking to the postman , Rather than the defendant just stating that fact ,

So thankyou ,

The judges remarked on how inconsistent his story was , And I am hoping the claimant will be advised to drop the claim ,

by Biggiebest Tue Mar 12, 2024 4:27 pm

Meme girl,

Just want to say what a wonderful person you are for getting stuck in and getting it set aside. It is people like you who fight for injustice, dishonesty and friendship. So proud of you.
Fingers x the cheating Postie will back away!

by memegirl777 Wed Mar 13, 2024 3:05 pm

That's what we all should do if we can and are able Smile

by **assassin** Wed Apr 03, 2024 7:23 pm

What I would do is to speak to a local journalist and copy the appropriate paperwork with appropriate details deleted, show he claimed he has never been injured like this before, then the reports showing he has done this before, this will spark their interest, kep it to local papers and not the nationals or dailies and this will spark the interest of local people and it will shake the tree and more will come out.

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