John
It is unlikely that the person you speak to at Carpenter's is a solicitor and they may well have no legal qualification at all. That's not necessarily a serious issue if the person you're speaking to is properly trained and managed. As a member of staff in the Court Service for 35 years I managed perfectly well with proper support from the legal eagles . It does become an issue if they are ill trained, they have serious misconceptions and/or are under pressure to find reasons to close cases asap so as to get max return on their fee.
Your defendant has a witness. An independent and credible witness who contradicts your version of events may be fatal to your case. A mate of his who came into the case long after the event and who's statement is full of holes is a different kettle of fish.
I'd suggest writing to or emailing your solicitor along the lines of:
Following our recent conversation (or emails/letters if that is case) I an very concerned as to the weight you appear to be attaching to the evidence of witness X (the mate). He is not independent of (the driver who collided with you). Furthermore he only volunteered his account long after the accident, These facts, together with the substantial discrepancies in his account about the vehicles involved and where he was when he allegedly witnessed the collision cast serious doubt on his credibility and the weight to be given to his account.
I would like to see his evidence properly tested in court.
You may also wish to consider whether Mr X and his witness should be reminded of the potential consequences of giving evidence which is less that truthful.
I'm not sufficiently au fait to be able to quote them and I've not got time to do research but I'm pretty sure there have been recent cases where the law of contempt has been brought to bear on untruthful witnesses.
Appreciate from your posts in this thread that written communication may be something you find difficult. If you need help you may be able to get some assistance from your local Citizens Advice.
Good Luck!!
Simon
Edited by Bromptonaut on 26/07/2019 at 13:05
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