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Ash, Solicitor
Category: Traffic Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just left a court and lost the case, the evidence was

Customer Question

I have just left a court and lost the case, the evidence was on video and still photographs. The incident took place it at Asda garage forecourt. Video speed was one frame per second. This happened two and a half years ago. Due to a 2D video it was deceptive to say the least as we see things in 3D, but the time is recorded on the video and the still photos this was a deliberate act of Road Rage on the part of the driver. The still photos show me pulling forward, it takes me on the still images approximately 17 seconds to travel 40 foot, it also shows in two frames, my vehicle has moved at a 45 degree angle and approx 1 yard down the forecourt, as there is a line on the ground at the first frame and I am at the same angle in the second frame 1 year further on, after the my vehicle has stopped. The above evidence was not put forward in court verbally. When I gave a diagram as required by my insurance, I wrongly stated, that I was waiting a couple of minutes, the actual time was approx 30 seconds before I started to pull forward to pass the lorry, the driver stated at no time did he see me. And when he did he stopped instantly, which cannot be true because with the position of my car 14 foot in front of his lorry how could he not see me. The judge said about the time discrepancy in my diagram and I was travelling to fast. It is clear to all people who I have asked about the still photos including people I don't know that this is clearly a shunt by the lorry driver. This evidence was not specifically put to the judge (the two frames). I have told the truth all the time over the last two years, the lorry on the other hand has given 4 versions, two verbal and two in writing, all different. Now there is something wrong here, the judge has even denied me the rite to appeal; she said the evidence does not warrant it. What is going on? And can I do anything about this? Being accused of being intoxicated by the driver, I phoned the police; they would not come out, as no person was injured. The driver would not give me his insurance details, I had to ask the police to visit his home, and they called on him5 days later to get that information. And the nonsense I have to put up with Lyons Davidson Solicitors, from threats to wrong drafts of my statements to accusations of lying. The Insurance Company and the legal team don’t give a dumb. Lyons Dav according to the legal Ombudsman’s report has put them top in the Uk for complaints against them. The complaints being taking to long with cases, not listening to the clients, and overcharging. Look on the Internet. I have a copy of that. I feel very annoyed that I have told the truth and this is the result The driver had video evidence in his lorry, and I tried for 4 months and £43 of calls, to get my insurance to start the case, Also 49 days had passed, and the lorry driver still had not made a copy of the video in his lorry. And 49 day after the incident some one broke in to his yard and burnt the vehicle out. There is much more to say. But I feel, due to the lack of evidence provided in court. And the denial of any appeal by the judge, I have a lost cause. As a pensioner is there any other form action I can take? that will not cost me an arm and a leg. I always thought justice was about truth. What a load of nonsense I believed in. I forgot to say I am Teetotal and a Diabetic Regards ***** *****

Submitted: 3 years ago.
Category: Traffic Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello John my name is ***** ***** I will help you with this.

Alex Watts :

Just to clarify leave to appeal was refused by a Judge?

Alex Watts : .