Justice is served, My restitution |
Justice is served, My restitution |
Fri, 19 Oct 2007 - 14:12
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#1
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Member Group: Members Posts: 52 Joined: 21 Aug 2006 From: London/Kent Member No.: 7,279 |
Just got back from Dartford County Court on a 2 dates issue against London Borough of Bexley:
The history is at: http://forums.pepipoo.com/index.php?showtopic=19542 Anyway the long and the short of it is I won Restitution for 28 already paid tickets, total amount inc. costs = 2500 with 14 days to pay! I need to get my head around things and I have a few other things to do so I will go into detail later. Main things were JR/Barnet and Winder vs Wandsworth. Many thanks to Wayne P, Tony W, Teufel, DW190, Legaladviser and others. Now for a cup of tea! |
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Fri, 19 Oct 2007 - 14:12
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Fri, 19 Oct 2007 - 14:28
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#2
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Member Group: Members Posts: 14,333 Joined: 29 Nov 2005 Member No.: 4,323 |
Well done that man !!
-------------------- NOTICE The content of this post and of any replies to it may assist in or relate to the formulation of strategy tactics etcetera in a legal action. This post and any replies to it should therefore be assumed to be legally privileged and therefore must not be disclosed, copied, quoted, discussed, used or referred to outside of the PePiPoo forum on which it was originally posted additionally it must not be disclosed, copied, quoted, discussed, used or referred to by any person or organisation other than a member of PePiPoo appropriately paid up and in full compliance with the PePiPoo terms of use for the forum on which it was originally posted. The PePiPoo terms of use can be found at http://forums.pepipoo.com/index.php?act=boardrules. For the avoidance of doubt, if you are reading this material in any form other than an on-line HTML resource directly and legitimately accessed via a URL commencing "http://forums.pepipoo.com" then it has been obtained by improper means and you are probably reading it in breach of legal privilege. If the material you are reading does not include this notice then it has been obtained improperly and you are probably reading it in breach of legal privilege. Your attention is drawn to the Written Standards for the Conduct of Professional Work issued by the Bar Standards Board particularly under heading 7, "Documents".
Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader. |
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Fri, 19 Oct 2007 - 14:47
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#3
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![]() Member Group: Members Posts: 806 Joined: 3 Mar 2005 From: Scotland Member No.: 2,492 |
Fantastic
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Fri, 19 Oct 2007 - 15:12
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#4
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Member Group: Members Posts: 1,039 Joined: 11 Apr 2007 Member No.: 11,552 |
Hey you are a star!
We need to get this into the papers if possible. |
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Fri, 19 Oct 2007 - 16:00
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#5
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![]() Member Group: Members Posts: 821 Joined: 25 May 2004 From: Aberdeen Member No.: 1,243 |
Brilliant.
What ever you buy with the cash, send a picture to the chief exec with a big thank you -------------------- Private Parking Links:
1. LegalPetes Private Parking Guide 2. BP Thread Council Parking Links: 3. RTA 1991 4. Power of Adjudcators (for Aberdeen, but similar for rest of Scotland) Parking Bays 5. 1032 Bay 6. 1028.3 Bay 7. 1028.4 Bay |
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Fri, 19 Oct 2007 - 16:17
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#6
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![]() Member Group: Members Posts: 2,247 Joined: 12 Oct 2003 From: Hants, UK Member No.: 412 |
Well done! I agree about getting the local paper involved. If possible wait for the cheque to arrive because it will make a lovely photo. Also be very sure the reporter is perfectly clear on the legal argument, possibly try and draft the full text of the article's important legal points with them there and then, because it seems reporters are extremely good at screwing up even the basic facts of parking and speeding cases. eg. a local paper recently reported a signage flaw as "speed camera signs missing" when it was speed limit signs.
-------------------- Found anything useful? Become a BB&G!
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Fri, 19 Oct 2007 - 16:26
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#7
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Member Group: Members Posts: 294 Joined: 17 Sep 2006 Member No.: 7,697 |
Congratulations!
Absolutely a fabulous one. Good for the community, good for Justice to be SEEN to be done, and BE DONE. After all they are paying back £8 million to the chat show fraudsters, why not the motorist. Floodgates? that is all their fault not ours. Tony W - Medusa. |
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Fri, 19 Oct 2007 - 17:36
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#8
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Member Group: Members Posts: 1,038 Joined: 24 Mar 2006 Member No.: 5,088 |
Excellant Job, bloody well done!!!!
And yes, you've earned yourself a cup of tea |
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Fri, 19 Oct 2007 - 17:47
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#9
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Member Group: Members Posts: 90 Joined: 14 Sep 2007 From: Eastbourne Member No.: 13,749 |
Hi
GREAT JOB you've earned it look forward to your seeing case notes will help with my claim against Hastings. Definately get the papers involved and show these Cr**cks up for what they are. Enjoy your cup of tea Mark |
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Fri, 19 Oct 2007 - 17:54
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#10
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![]() Member Group: Members Posts: 345 Joined: 10 Aug 2006 Member No.: 7,085 |
Well done!
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Fri, 19 Oct 2007 - 19:45
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#11
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![]() Member Group: Members Posts: 837 Joined: 14 Nov 2006 From: Wales Member No.: 8,984 |
Excellent!
-------------------- "All that is necessary for the triumph of evil is that good men do nothing." (Edmund Burke)
Links :- 1. Read this 1st, 2. NIP Wizard 3. Support this site 4. Likely penalty calculator |
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Fri, 19 Oct 2007 - 20:17
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#12
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![]() Member Group: Members Posts: 4,427 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
Fantastic.
When this hits the news the floodgates will need lubricating. -------------------- DW190
BLUNT PENCILS ARE MORE RELIABLE THAN SHARP MEMORIES |^^^^^^^^^^^\|| |www.PePiPoo.com_||'""|""\_____ |_________________||__ |__|____|) |(@) |(@)""**|(@)(@)**|(@)|(@) Frequently Asked Questions |
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Fri, 19 Oct 2007 - 20:46
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#13
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New Member Group: Members Posts: 7 Joined: 15 Oct 2007 Member No.: 14,490 |
yeeeeee harrrrrrr!!!
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Fri, 19 Oct 2007 - 22:33
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#14
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![]() Member Group: Members Posts: 6,603 Joined: 23 Apr 2004 From: Not in the UK Member No.: 1,131 |
Excellent Result! Well Done!
-------------------- NOTICE The content of this post and of any replies to it may assist in or relate to the formulation of strategy tactics etcetera in a legal action. This post and any replies to it should therefore be assumed to be legally privileged and therefore must not be disclosed, copied, quoted, discussed, used or referred to outside of the PePiPoo forum on which it was originally posted additionally it must not be disclosed, copied, quoted, discussed, used or referred to by any person or organisation other than a member of PePiPoo appropriately paid up and in full compliance with the PePiPoo terms of use for the forum on which it was originally posted. The PePiPoo terms of use can be found at http://forums.pepipoo.com/index.php?act=boardrules. For the avoidance of doubt, if you are reading this material in any form other than an on-line HTML resource directly and legitimately accessed via a URL commencing "http://forums.pepipoo.com" then it has been obtained by improper means and you are probably reading it in breach of legal privilege. If the material you are reading does not include this notice then it has been obtained improperly and you are probably reading it in breach of legal privilege. Your attention is drawn to the Written Standards for the Conduct of Professional Work issued by the Bar Standards Board particularly under heading 7, "Documents". Any advice given is taken at your own risk and no liability is accepted if things go wrong.
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Sun, 2 Dec 2007 - 23:46
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#15
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Member Group: Members Posts: 294 Joined: 17 Sep 2006 Member No.: 7,697 |
WELL this is to fulfill the promise and let all know the case material relied on.
THERE is more coming than this, and a case where restitution extends BEYOND 6 YEARS also. House of Lords. In all about fifteen statutory case materials to build the skeleton arguments presented. http://www.logiclaw.co.uk/AN/AN.html Restitution. County Court orders restitution of £2500 against Bexley County Council. 20 parking tickets to be repaid in 14 days. A little encouragement, have a look at this originating thread here at pepipoo. http://forums.pepipoo.com/index.php?showto...mp;#entry216893 and the link therein. Bexley County Court Restitution case. £2500 repaid. Copy of Council's skeleton arguments coming also. AS at Sun, 2 Dec 2007 the case material is about 50-60% ready, and it will be launched in the next few days, even if not quite finished. It is the second restitution case, of which the first case was Southend on Sea. Located here; http://www.logiclaw.co.uk/JH.html Loads of useful statutes here, http://www.logiclaw.co.uk/Acts/acts.html and case law snippets (courtesy of Trevor Nunn) here. http://www.logiclaw.co.uk/arg4dor/caselaw.html And Tony's here; http://www.forceofdestiny.co.uk/Literature...tor/Logic5.html A great deal of work has been carried out and the results are beginning to show. It is early stages. Good luck to those who are arguing for a decent just society. Thanks to Wayne (Wayne Pendle) Tony (Tony Medusa) DW190 (Known as David Warburton) Teufel (SPECIAL thanks for his contribution on the jurisdiction issues etc) There are more there also posted by Tony at the site. Other links that surround the case in a complete context of what is supposed to be the equity in law, that is compromised widely. This post has been edited by Tony-Medusa: Mon, 3 Dec 2007 - 11:48 |
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Mon, 3 Dec 2007 - 07:05
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#16
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Member Group: Members Posts: 474 Joined: 11 Feb 2007 Member No.: 10,571 |
well done on this. Brilliant.
I had my own restitution case in September 2007 where I quoted the same two cases and two others. Hearing was at 11.00. I got called into the room 30 mins early with the user telling me that the Judge wants to see me. The first thing he told me was "I think I can deal with this case quickly". He said he had read my evidence and that he had no jurisdiction to deal with the matter. Said I had to go to the High Court. I replied saying that was not fair without listening to what I had to say and let me have 2 mins. I said the case law which you have in front of you allows for restitution in civil matters. He said no it does not. Is it to late for me to appeal on a point of law in County Court? |
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Mon, 3 Dec 2007 - 10:15
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#17
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Member Group: Members Posts: 6,783 Joined: 6 Jul 2006 Member No.: 6,518 |
the juridication issue appears to be a total gamble
what is needed is a high court case on restitution (the moses was on validity) lower courts would then have to follow |
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Mon, 3 Dec 2007 - 11:46
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#18
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Member Group: Members Posts: 294 Joined: 17 Sep 2006 Member No.: 7,697 |
Hi, Teufel, Nice to hear from you. You have a computer brain for pulling up case law, that's admirable.
QUOTE the juridication issue appears to be a total gamble what is needed is a high court case on restitution (the moses was on validity) lower courts would then have to follow This is highly probable, and I agree. I have material from a case where the county court ruled it was not for them, BUT their argument; that shall be revealed, is highly fallacious and amounts to a “reductio ad absurdum”, like some others I have examined for internal inconsistencies. The whole point about being ruled by a 'competent authority' places a court and 'stare decisis' in a position of sole authority; where that authority is too often errant, and uses reasoning that's unsound, it is arrogating to itself the sole arbiter of being able to determine simple things like 'facts' as if they alone had the critical ability and means. Stare decisis is of course the principle that is now compromised for reasons of floodgate, politics, and revenue. The other authority that's equally if not more competent, is that of the principles in the three laws of thought; that shows flaws of court, and in correspondence theory with truth itself, so that irrational rulings are fenced in; fencing out factors of power and mendacity cloaked in 'authority'; and shown for what they are. There is a nicely focussed snippet in case law; by a Justice, that supports this view. The key words being 'to controvert, and to hear both sides. That smacks of equity in justice far more than an arbitrary ruling that makes a fooling of common sense, and supports the notion that 'might is right' where it is not.. More on that to come. I will show the close analogy between the case alluded to above, and that of the case in 'cash for honours' where the CPS were stopped from prosecuting. This also was a ruling that was so inconsistent internally in logic, that the effect was to make an exception; to a class rule, that confuted the rule itself, and made the police arts of for-en-sic science more 'for eign sick' in high places, than for rational members of and intelligent electorate, and the public. It was controverted in the Times article, but few understood it.. Best regards to you. QUOTE I replied saying that was not fair without listening to what I had to say and let me have 2 mins. I said the case law which you have in front of you allows for restitution in civil matters. He said no it does not. He said no it does not The point here is DID he give YOU sound reason for that being so, and did you have the time or right to argue it cogently? I very much doubt it. A fair Judge would invite counter argument and entertain debate; in the search for truth and better knowledge, like Leibnitz's argument for avoiding wars. If anyone wants Leibnitz's fax number, I may be able to get that too! - Is it to late for me to appeal on a point of law in County Court? I don't know the answer, but the two cases above do show that other Judges think otherWISE. What follows from your Judges ruling is the probablility that; like the one I allude to, he doesn't want a floodgate, and other factors may be at play. The reductio ad absurdem test here, is IF he were right, then it follows the HIGH court would then have the floodgates, and the lower courts would no longer be of any use or able to serve the public interest, and common interests of Justice. Also what follows is a powerful inclination to place a serious PRICE on justice; goodbye justice, and good buy justice, preventing ordinary members of the public from getting any. Taking you to one side, is a sleight of strict protocol, that I perceive as a shade of empathy, but notwithstanding that, a number of case law snippets here; http://www.logiclaw.co.uk/arg4dor/caselaw.html may throw light on the nature of what happened and place it in a better or adverse context. In my view. Where injustice is perceived, only persistence and doggedness will eventually succeed, but these are deep life teaching experiences - won - would choose not to have but deepens insight as to the nature of the state, and the state it's in. It's possibly the difference nowadays between a county court, and accounty court, like shoppping where one trader gives value, and another gives the same, but in subtract counterfeit presentment. There is a near 500 page book approaching its end on all these topics thaty show a trend towards despotism; warned of by Lord Hewart in 1929, and plunder in our society. There is also a H o L, case law that extends the period of the statute of limitations beyond six years, I will pull it up soon. This post has been edited by Tony-Medusa: Tue, 4 Dec 2007 - 09:26 |
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