Autofocus hits back in dishonesty row

Autofocus has defended itself after one of its former staff was given a suspended sentence for contempt of court.

Autofocus, which insurers use to challenge replacement vehicle rates charged by credit hire firms, is accused by credit hire firm Accident Exchange of manipulating data to win business.

Autofocus suffered a blow this week after a former employee, Helen Wyshall, was given a suspended sentence for contempt of court.

Wyshall had previously signed a witness statement, that was used as evidence in court, that implied she had signed off a rates survey.

Accident Exchange says the cases signed off by Wyshall are the type that it is disputing.

However, Wyshall later admitted to the judge that another employee had prepared the rates survey.

An Autofocus spokesman said: “Autofocus was not a party to the proceedings at Northampton County Court, and was not present at the trial. Therefore, Autofocus cannot comment on the outcome of that trial. However, Autofocus notes that:

• Whysall left Autofocus' employment in September 2009, shortly after her evidence was questioned in the matter of Adam Glossop v Salvesen Logistics.
• Autofocus understands that the issue giving rise to the finding of contempt against Ms Whysall, arising from the Glossop case, was that Ms Whysall had allowed another employee of Autofocus to prepare the rates survey, but that Ms Whysall had then signed the witness statement as if she had conducted the rates survey. That other employee has also left Autofocus.
• Autofocus is not aware of any finding by the Northampton County Court that the reported hire rates in Ms Whysall's statement were incorrect or inconsistent with market rates.

"Autofocus continues to defend vigorously the claim being pursued against it by Accident Exchange and is confident of success.

"The events at Northampton do not affect what is happening in other courts around the country. Our rates surveyors have attended court regularly since the allegations were first made in September 2009.

"The courts found in favour of the insurer in seventeen out of the eighteen Accident Exchange claims that have been subjected to a full trial and an award by the court.

"The total claim value was £258,141 and the court awards for the eighteen claims totalled £72,362 (28.0%) of the amount claimed. Period was reduced by the courts in 9 of the 18 claims."

An Accident Exchange spokesman said: “In the Northampton County Court, trial judge, HHJ Waine, suspended the sentence of Helen Wyshall for 12 months based on her willingness to admit that she did not make the enquiries which her original statement claimed she had made.

“Addressing the Court in mitigation, her barrister confirmed Accident Exchange’s suspicions that the use of dishonest evidence was systemic when he stated that:

“ ‘With regard to what she did at this particular time, this system which appears to have been in place where she was signing off reports which were prepared by others and not in her name, she understood that was wrong and she understands now it is wrong.’”

“He referred to this system as an aggravating feature of the offence.

“This is the first judicial finding after six intense months of investigation and counter-claim by Autofocus and its clients.

“A second former employee of Autofocus is currently assisting Accident Exchange, its legal team and the authorities, after similar Contempt of Court offences were suspended pending her continued co-operation.”