Cam Chain snapped on new van after 20 months / 114k miles

[WhiteVanMan5]

I can confirm the figures on lost income.

From 1st August 2022 to 17th August 2022, my gross income was £2,971.20
From 1st August 2023 to 17th August 2023, my gross income was zero

Checking my accounts my income remained zero from 1st August 2023 to 23rd October 2023 - but I'm only claiming to 17th August.

[Frank1]

Change "expert report" to the name of the auto engineer's report.
Not sure why your referring to LBA. Just an email attaching poc or an emailed letter stating amended poc attached.

You have a v strong argument for your engineer to become the SJE. An engineer using another auto engineer's report to write about the inspection of the engine and then giving their own opinion is just not right

[WhiteVanMan5]

The reference to LBA was a posting back in October 2024. Cover note for the email will be as per Post 291 (unless there si some reason to change it).

The question on the Expert is now settled isn't it? The DDJ has decided? I don't have any further avenue to challenge it?

[WhiteVanMan5]

The experts title is "Consulting Automobile Engineer and Road Traffic Investigator" - so I'll just refer to it as the "Consulting Automobile Engineer and Road Traffic Investigator Report"

[WhiteVanMan5]

The experts title is "Consulting Automobile Engineer and Road Traffic Investigator" - so I'll just refer to it as the "Consulting Automobile Engineer and Road Traffic Investigator Report"

4.2 During the pre-action complaints process, the Defendant requested the Claimant to obtain independent evidence. The Claimant relies on Consulting Automotive Engineer and Road Traffic Investigator report by ******** (dated 22 December 2023 and 24 May 2024), which state the failure was caused by an inherent manufacturing problem.

[WhiteVanMan5]

How do I deal with the typo that has led to a £40 discrepency? I presume I must acknowledge it somehow?

Here's the updated section 6. 6. Particulars of Losses

6.1 The Claimant claims the total sum of £9,825.16, broken down as follows:

• Market Value Loss: £5,421.00. This represents the difference between the market value of a functional equivalent vehicle and the salvage value of the Vehicle following the timing chain failure.
  • The Claimant relies on an AutoTrader advertisement (October 2024) for a comparable 2021 Vauxhall Combo L2 with similar mileage, reflecting a market value of £6,955.00.
  • The Claimant subtracts a salvage valuation of £1,534.00 provided by CarTakeBack (20 October 2024) for the Vehicle in its non-running condition.
• Consulting Automobile Engineer and Road Traffic InvestigatorReports: £1,300.00. These were commissioned at the express request of the Defendant during the pre-action complaints process. The Claimant relies on invoices from ******** to evidence these charges.
• Vehicle Recovery: £132.96. Costs for recovery from Vauxhall *** to the Claimant’s home address to avoid daily storage charges. The Claimant relies on a recovery quote and bank statements to evidence this charge.
• Lost Income: £2,971.20. The Claimant calculates this loss by comparing a 17-day period of normal operation against the 17-day period immediately following the engine failure.
  • The Claimant relies on business accounts showing a gross income of £2,971.20 between 1 August 2022 and 17 August 2022.
  • The Claimant’s gross income for the equivalent period of 1 August 2023 to 17 August 2023 was £0.00 due to the Vehicle being rendered inoperable by the inherent defect.

[Frank1]

Change "which state the failure.........." to "which state in the inspectors opinion the failure...... "

When the time comes you will need to put your case why the inspector should be appointed SJE to the solicitor.

[WhiteVanMan5]

I've made that change.

I presume there's zero chance that the solicitor will agree to the inspector being the SJE when they've already seen the report and know it doesn't say what they would want it to say. I also assume direction of the SJE is important and I guess they would argue that I have already given direction to this one?

Feels like I am ready to submit my POC. I can't thank you enough for your help Frank, I'd genuinely be totally lost without you.

[Frank1]

The SUE'S opinion is likely to have a big influence on the judges decision.
The solicitor could give your inspector instructions regarding drafting the report but probably won't want to knowing the inspectors opinion and conclusion. You may end up applying on n244 giving reasons why your inspector is best suited to being appointed SJE.
I wouldn't worry about the money discrepancy. The court directions have a stage for updating losses.

[Frank1]

Further to post 302
PD 27A
Appendix C: Special Directions
"If the parties cannot agree.. .. .....either party MUST apply to the court for further Directions."
For some reason the Directions for your claim state the claimant must apply and only provided with one day to do so.

[WhiteVanMan5]

Do I need to query that with the court, or just make sure I deal with it when the time comes?
I'm conscious of being too "troublesome" to the court with lots of queries.

[Frank1]

Nearer the time as the court directions state. If you can't reach agreement with the solicitor you will have to use form n244 and pay the court fee.
You should have good reasons why the other party's preferred experts are unacceptable to you and why you consider your inspector is best suited to be the SJE

[WhiteVanMan5]

I have just been going through the Court Order again - making sure I have all dates logged.
Reflecting on section 17. "The Second Defendant's is granted relief from sanctions in accordance with rule 3.9 and may rely on their filed defence"
I have the filed defence from the first defendants bundle. The cover letter on that says "We can confirm that a copy of this Application and the enclosed Defence has been served on the other parties in accordance with the CPR."
This is the part 20 defence to the part 20 claim. Should that have been served on me? I presume so. I have never been served with any documents from the Part 20 Defendant. How do I deal with that? Approach the Part 20 defendant directly, or go through the court?

[WhiteVanMan5]

I presume I do not respond to the Part 20 defence? That is purely between the Part 20 Claimant and the Part 20 Defendant?

[Frank1]

If you can find any evidence that supports your inspector that you can include with the n244, put it to one side