Excell / BW legal small claims loss

Lamilad

The advice here is really informative and seems to be a lot more on the money than the advice i was getting from CAG!

I'm 99% sure you would have won if this forum have assisted you. Even at Swansea

yotmon

Just wondering, is it possible (for a fee) to obtain the court recording and transcribe it yourself to save on costs ?

Coupon-mad

No, it has to be a court-approved transcription service.

wi3347

Yes I believe I would of won if it I came here instead as well tbh! I think once I submitted that 2 line defence I was doomed from then on

yotmon

wi3347 wrote: »

Yes I believe I would of won if it I came here instead as well tbh! I think once I submitted that 2 line defence I was doomed from then on

Too true. I was surprised reading your post that you didn't mention that you were serving abroad at the time of the infringement. This, including your service records to back it up would have taken you out of the equation of being the driver. Being pre-pofa, the claimant would have had no case to bring forward.

Better luck with your next case.

wi3347

yotmon wrote: »

Too true. I was surprised reading your post that you didn't mention that you were serving abroad at the time of the infringement. This, including your service records to back it up would have taken you out of the equation of being the driver. Being pre-pofa, the claimant would have had no case to bring forward.

Better luck with your next case.

exactly! but i was going with the advice of the 2 line defence and was told it would be for them to prove as pre pofa. Was never advised to suggest that i was elsewhere, and as i didnt know any better i went with that advice. The judge said his silly comment about "taking a photo pf everyone entering a carpark in england and wales in relation to this. He said "the defendant has not offered any evidence he is not the drive and has attempted to shift the ownus onto the claimant to prove he was driving but in order for this to happen it would mean that everyone entering a car park in england and wales would need to have their photograph taken which is ridiculous"

he completely missed the point and didnt seem to think that they should have to prove their claim! that it was all on me to disprove it, was no real pressure on them to prove anything

Coupon-mad

He erred in law. He is wrong. The burden IS theirs.

I would get the transcript and appeal that one, but it would cost.

wi3347

Coupon-mad wrote: »

He erred in law. He is wrong. The burden IS theirs.

I would get the transcript and appeal that one, but it would cost.

Its past the 14 day period to appeal now. I did have a serious think about it as he did make an error there as at least 2 more. Failing to see i denied being the driver in my witnesses statement and allowing their advocate to speak with no right of audience. But as it was so much to get the appeal and transcript running I just didnt want to risk it although i think it had a good chance of success.

The_Deep

Whether you appeal or not, send a very robust complaint to the MOJ, copied to your MP.

The judge may have had a bad day, or may be not up to the job. If others have raised this issue in the past, (or in the future), he may be given guidance and/or sanctioned. Judges at this level are often retired solicitors, I suspect that few would be able to pass the Foreign Office exams.