Excel Parking, BW Legal and now what looks like court papers

[Deleted User]

You could try sending video with a timeliness (car arrives, driver exits, driver returns etc) to Claimant and invite them to agree what it shows. Guaranteed that no judge is sitting through a whole 20 min video with his popcorn waiting for you to make your point!

[Deleted User]

*timeline* or other form of chronology.

Umkomaas

Guaranteed that no judge is sitting through a whole 20 min video with his popcorn waiting for you to make your point!

My feeling exactly!

bargepole

Umkomaas wrote: »

Are you sure a judge will want to sit through a 20 minute video of you with a stopwatch and clipboard? If you disregard advert breaks, that's as long as an episode of Corrie!

I'm no court expert, but if bargepole is passing by I wonder whether he might comment on whether it would be a good plan to show this.

Utterly inappropriate and disproportionate to a piddling £250 claim. No Judge is going to want to view more than a couple of minutes of video (if at all) - most of them have such a busy list they are having to forego their lunch hour these days.

As for 10,000 words of argument - ridiculous. Your Defence should be no more than 4 pages, set in Times 12 point with 1.5 line spacing. That's about 1,000 words, and if you can't get your points across in that, they ain't worth making.

Xanthanan

Umkomaas wrote: »

Are you sure a judge will want to sit through a 20 minute video of you with a stopwatch and clipboard? If you disregard advert breaks, that's as long as an episode of Corrie!

I know I don't. I produced a timeline exactly as described by Johnersh and I'll see if I can get an agreement from BW Legal before the day, Im guessing they will fail to agree in time so the only other option is to present the timeline and await them shooting it down..

bargepole wrote: »

Utterly inappropriate and disproportionate to a piddling £250 claim. No Judge is going to want to view more than a couple of minutes of video (if at all) - most of them have such a busy list they are having to forego their lunch hour these days.

As for 10,000 words of argument - ridiculous. Your Defence should be no more than 4 pages, set in Times 12 point with 1.5 line spacing. That's about 1,000 words, and if you can't get your points across in that, they ain't worth making.

I think 10,000 was a sum of a few docs and I had cut that by a fair amount already by today. I'll continue to cull and remove stuff.

scamalamjam

would it be worth having two versions - a fast forward version condensed into 30 seconds or 1 minute and have the full version available for finer scrutiny if requested?

Xanthanan

OK Silly question, In my WS / Defence I plan to rebut Elliot v Loake and CPS v AJH films as support for any 'presumed driver' argument Excel may use. Is this a sensible move? If it is, do I need to reference them both as exhibits or just have copies handy if I'm asked to explain why I think they are invalid, during the hearing?

Lamilad

[

Xanthanan wrote: »

OK Silly question, In my WS / Defence I plan to rebut Elliot v Loake and CPS v AJH films as support for any 'presumed driver' argument Excel may use. Is this a sensible move? If it is, do I need to reference them both as exhibits or just have copies handy if I'm asked to explain why I think they are invalid, during the hearing?

Don't include them in your bundle. Excel will probably adduce them anyway. No harm taking them with you on the day but it's unlikely you'll need to refer to them as you'll state clearly in your WS or skeleton why they are completely irrelevant

Xanthanan

scamalamjam wrote: »

would it be worth having two versions - a fast forward version condensed into 30 seconds or 1 minute and have the full version available for finer scrutiny if requested?

Thanks for the suggestion but the thought of faffing about showing videos, despite their comedy value for being at Benny Hill speed, is off the table now. Its pretty clear that no matter how great I may think a video is, it will be less help than I envisage. I may just do a couple of screenprints, particularly the end time.

I did what I could with my bundle docs, heres the updated WS and defence docs, along with the index and video timeline as shared previously.

https://www.dropbox.com/sh/nx3f44e0pzvvap1/AACcg8Y72g_3PSoLN6-v18Y8a?dl=0

The defence still exceeds the guidance of 1000 words but I am not sure whats best to cut, or how best to shrink it. Advice please... At the moment it still defends lack of POFA and lack of driver ID and then falls back onto CoP failure if the court is convinced by their 'presumed driver' stuff. Am I best to carry on with the broad defence or just go all out for POFA / Driver ID?

I'll email BW (and CC the court) to see if they will agree that the transcript matches the video but if that doesn't happen (which I doubt) I'll just rely on it being declared as a true account in my WS.

Lamilad

The defence still exceeds the guidance of 1000 words but I am not sure whats best to cut, or how best to shrink it. Advice please.

Surely your defence has already been submitted, hasn't it?