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Strange Day in Court
funkynut
post Tue, 5 Dec 2017 - 01:59
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Colchester Magistrates. 43 in a 30. It was absolute bull crap. The officer lied his ass off and the judge ignored all witnesses who supported me. Officer just did not like my exhaust sound and judge was pals with the policeman.

Offense location : Green Farm Lane Billericay

Anyway, I cross examined the officer on the use of his hand held laser device. It was proven that he had just 2.5 seconds to spot my car and make a speed measurement yet claimed that was plenty of time because he was like John Wayne on the scope and trigger. The judge was asleep and did not give a toss.

Even being a hand held device not on a tripod did not phase this guy. he claimed that the manufacturers of the device state that tripods are bad and that hand held is best.

Offense date@ 10th May 2017. Court date: Today 4/12/17

Thats a long time to get to court dont you agree? i wonder if they deliberately delayed it to dry up witnesses.

Any way,I was given a total of £900 in fines and costs, points on the license AND disqualification. I know that is not allowed on a clean license but guess what the idiot judge did... He looked at my 3 year old endorsement that are expiring next month and stated that they expire according to the conviction date not the offense date. The old endorsements are for speeding so they expire via the offense date! Again, the judge did not listen to my objections so I write to the court tomorrow to sort this crap out

cheers
Claire

This post has been edited by funkynut: Tue, 5 Dec 2017 - 02:04
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post Tue, 5 Dec 2017 - 01:59
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cp8759
post Sun, 10 Dec 2017 - 14:53
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QUOTE (southpaw82 @ Sun, 10 Dec 2017 - 13:39) *
You would have to seek compensation separately. You don’t get to forego the points because of the error, which has now been rectified.

Well actually that's an interesting point, here the error was judicial rather than administrative so the court presumably benefits from judicial immunity, she can't seek compensation from the MoJ as it was not an administrative error, so I wonder who she would seek compensation from. It has recently been stated that where a lower court purports to act in excess of jurisdiction, personal liability *might* be attached to the judge, but objectively I don't see much chance of that working in this instance.


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southpaw82
post Sun, 10 Dec 2017 - 15:25
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Being pedantic, seek =/= obtain. I share your pessimism as to any legal route to recovery, though a gratuitous payment might be forthcoming for modest and documented losses - I don’t know what the MOJ’s approach to that is.


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Logician
post Sun, 10 Dec 2017 - 15:44
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What happened to the fine and costs awarded when the disqualification was overturned by the second court?


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funkynut
post Sun, 10 Dec 2017 - 17:17
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The fine remains the same as far as I am aware and it went before the same DJ. The guidelines around s.142 altering sentence are clear that an error has to be corrected in fast time like 1-2 days max so this limbo legal situation is avoided. The court staff caused this mess int he first place by being generally rude to me and making false claims that they had consulted the court legal guru about it who said they are right and I am wrong when I contacted them on days 1.
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southpaw82
post Sun, 10 Dec 2017 - 17:42
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QUOTE (funkynut @ Sun, 10 Dec 2017 - 17:17) *
The guidelines around s.142 altering sentence are clear that an error has to be corrected in fast time like 1-2 days max

Really? Can you share them?


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funkynut
post Sun, 10 Dec 2017 - 18:17
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Interesting .....

s.142
https://www.legislation.gov.uk/ukpga/1980/43/section/142

I was referring to this document which is actually the same rule but for crown court.
https://www.kangssolicitors.co.uk/the-56-da...nce-solicitors/

i will look up guidelines for s.142
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cp8759
post Sun, 10 Dec 2017 - 18:36
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QUOTE (funkynut @ Sun, 10 Dec 2017 - 17:17) *
The fine remains the same as far as I am aware and it went before the same DJ. The guidelines around s.142 altering sentence are clear that an error has to be corrected in fast time like 1-2 days max so this limbo legal situation is avoided. The court staff caused this mess int he first place by being generally rude to me and making false claims that they had consulted the court legal guru about it who said they are right and I am wrong when I contacted them on days 1.

Well unfortunately that's going to be very difficult to prove unless you recorded the phone calls. I agree with southpaw82's view that your best bet is to approach the Ministry of Justice and see if they will make a goodwill payment (for example if you've had to take taxis and so on and have the receipts, you might convince them to reimburse you for that).


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funkynut
post Sun, 10 Dec 2017 - 18:51
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Losses are as follows...

1. Fell off a scooter going downhill to the shops and broke 2 ribs. I have difficulty walking far due to nerve damage and the shops are too close to get a taxi

2. Lost 1 weeks work estimate £600

3. Was unable to hire a van on Saturday to help my son move to his new flat
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peterguk
post Sun, 10 Dec 2017 - 18:57
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QUOTE (funkynut @ Sun, 10 Dec 2017 - 18:51) *
1. Fell off a scooter going downhill to the shops and broke 2 ribs.


Are the MoJ responsible?

Toy scooter or grown up motorised scooter that requires a DL?

This post has been edited by peterguk: Sun, 10 Dec 2017 - 19:07


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funkynut
post Sun, 10 Dec 2017 - 19:02
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QUOTE (peterguk @ Sun, 10 Dec 2017 - 18:57) *
QUOTE (funkynut @ Sun, 10 Dec 2017 - 18:51) *
1. Fell off a scooter going downhill to the shops and broke 2 ribs.


Are the MoJ responsible?


Well if I was not banned I would not have been on the scooter. Surely on a percentage scale they should share at least 1% blame?

btw I can hear someone laughing at this who is it!! grrr lol
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glasgow_bhoy
post Sun, 10 Dec 2017 - 20:08
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QUOTE (funkynut @ Sun, 10 Dec 2017 - 18:51) *
Losses are as follows...

1. Fell off a scooter going downhill to the shops and broke 2 ribs. I have difficulty walking far due to nerve damage and the shops are too close to get a taxi

2. Lost 1 weeks work estimate £600

3. Was unable to hire a van on Saturday to help my son move to his new flat



QUOTE (funkynut @ Sun, 10 Dec 2017 - 19:02) *
QUOTE (peterguk @ Sun, 10 Dec 2017 - 18:57) *
QUOTE (funkynut @ Sun, 10 Dec 2017 - 18:51) *
1. Fell off a scooter going downhill to the shops and broke 2 ribs.


Are the MoJ responsible?


Well if I was not banned I would not have been on the scooter. Surely on a percentage scale they should share at least 1% blame?

btw I can hear someone laughing at this who is it!! grrr lol


With 9 points including an MS90, a lot of hire companies wouldn't have let you hire a van anyway. And some might say the court has done you a favour by getting you out of helping biggrin.gif

What kind of scooter did you come off of? If its motorised I'm sure you need a driving licence...

EDIT- just realised you don't have 9 points so ignore my comment above...

This post has been edited by glasgow_bhoy: Sun, 10 Dec 2017 - 20:14
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funkynut
post Sun, 10 Dec 2017 - 20:37
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Just a normal scooter un-powered. It was dark and I thought there was a dip in the curb to go up but...there was not
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southpaw82
post Sun, 10 Dec 2017 - 20:40
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QUOTE (funkynut @ Sun, 10 Dec 2017 - 18:51) *
1. Fell off a scooter going downhill to the shops and broke 2 ribs. I have difficulty walking far due to nerve damage and the shops are too close to get a taxi


Too remote.

QUOTE
2. Lost 1 weeks work estimate £600


There was no other way of getting to work?

QUOTE
3. Was unable to hire a van on Saturday to help my son move to his new flat

Doubt that's a loss.

Note that those are legal points, what you might get out of the MoJ might be quite different.


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funkynut
post Sun, 10 Dec 2017 - 20:49
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I am self employed and drive all over the country every day to each customer
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cp8759
post Sun, 10 Dec 2017 - 21:00
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QUOTE (funkynut @ Sun, 10 Dec 2017 - 20:49) *
I am self employed and drive all over the country every day to each customer

I think your loss of earnings is the only think you can reasonably hope to recover, you should ask for the amount after tax and NI.


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funkynut
post Mon, 11 Dec 2017 - 00:46
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I think they should at least knock off the fine
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The Rookie
post Mon, 11 Dec 2017 - 04:19
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That won't happen, the fine was for the offence you were found guilty of.

What you have an entitlement to is compensation for the negligence in the incorrect sentencing.


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funkynut
post Mon, 11 Dec 2017 - 04:23
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QUOTE (The Rookie @ Mon, 11 Dec 2017 - 04:19) *
That won't happen, the fine was for the offence you were found guilty of.

What you have an entitlement to is compensation for the negligence in the incorrect sentencing.


yes that makes sense. It seems to come down to the fact that the DJ is unable to take into consideration the ban when re-sentencing because it should not have happened. If he did take it into consideration then there should be record of the error on my record, which there will never be because it should never have happened. Complicated but I think that is the way the law works
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The Rookie
post Mon, 11 Dec 2017 - 09:41
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To clarify, satisfying that from a legal perspective is not always that easy, as SP has alluded to, a simple polite letter stating the bases of a properly justifiable claim (loss of work) may circumvent any need to get 'all legal'.


If not you have.....https://www.gov.uk/claim-compensation-for-miscarriage-of-justice Not sure of the basics behind the wording, but in your case this wasn't an appeal and the conviction wasn't quashed but the punishment corrected for that conviction.

This post has been edited by The Rookie: Mon, 11 Dec 2017 - 09:44


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