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Lost in court. need good advice.
pipsking
post Thu, 6 Jun 2019 - 18:35
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Today I went to court armed with the video showing without any doubt that the signage was woefully bad.
From driving in to the car par to parking and then exiting only one sign was seen and that was near the exit on the way out.

The Judge in his infinite wisdom watched the video , said nothing and ignored it.
during summing up he said that I dint have to see the sign , it's existance was enough.

he also refused me permission to appeal.
he also awarded the claimant solicitor costs (£150)

Too be honest , the wholr case was over and done with before I got into the chambers.

What I really need to do now is appeal

any advice would be appreciated , I understand what i've written may be a bit brief but I know the claimant watches these pages
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post Thu, 6 Jun 2019 - 18:35
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pipsking
post Sun, 16 Jun 2019 - 18:27
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QUOTE (southpaw82 @ Sun, 16 Jun 2019 - 17:44) *
QUOTE
I was unlucky on the day to have a judge who considered it more important to make an example of me for representing myself that dealing with the facts of the case
as I said earlier I had lost that case before I even entered the room

If that is the case then an appeal should be no problem (though it doesn’t necessarily mean you’ll succeed on appeal). If, however, the judge concluded on the evidence that you did see the signs, despite your evidence, then not so much. Only you can decide if it’s worth the extra costs.


Once he dismissed the "clear as day" video evidence then he essentially went on the papers and took their evidence as gospel.

the interesting thing that I didnt notice is they have lots of nice pictures of signs and a signage plan of where they are.

the signs that do exist are taken with a background of the , or at least a car park
the signs that DO NOT exist have no background at all , just an image of a sign
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southpaw82
post Sun, 16 Jun 2019 - 20:33
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QUOTE (bobbione @ Sun, 16 Jun 2019 - 18:56) *
There's very little knowledge on this forum to help the further in you get.


Other than actual, qualified lawyers?

QUOTE
Having run into experts here and nearly getting burned I read and read and read rather than rely on another forum.


IIRC, you were spouting a load of rubbish about how certain statutory instruments could be amended (e.g. here and here) when, in reality, the grounds for appeal were quite simple: the judge had wrongly excluded a lay representative under the Lay Reps Order and as such denied the defendant his right to a fair trial. That is not rocket science. Yet you were making a complete meal (hash, as it seems) out of it. The fact that you managed to guide a defendant to overturning such a decision doesn't impress me and neither does it give you any right or authority to deride the other posters on here - so stop it. If you don't like the quality of advice given on here then you have two (and only two) options: (1) report the posts so that I can review them (since I am qualified to decide whether they are correct or not) or (2) leave.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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pipsking
post Sun, 16 Jun 2019 - 21:12
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I can show that the claimant misled the court and lied but It would involve new evidence.
not eactly new evidence as it was sent to the court but for what ever reason the admin staff didnt process it
I think it was because it was contained in a rar file

so at the moment i'm looking into how to ask to introduce new evidence
and any case law about evidence and the timing of it

I found this which is a start , so im working on the wording to give it credibility

!Photo and Video Evidence Authentication
Once the photo or video evidence passes the relevance test it’s still not allowed until it passes the authentication test. Does the photo accurately represent its subject? Authenticating photo or video evidence raises the issue of whether it fairly and accurately depicts the subject, for example, as it appeared on the date of the accident.
Authentication problems can pose barriers. There was snow in the road when the car accident in the case happened, but by the time the photos were taken it melted. A mechanical contraption causing catastrophic bodily injury may have had a guard installed after the incident. By the time a video could be taken, a modification changed the machine. In both cases, an explanation by the witness may or may not make the representation admissible.!


the judge ignored it because it was 2.5 months past incident date.
it wasn't , it was a couple of weeks after incident date
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