Newmannewy Went To Court - Success or Not ?

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Newmannewy Went To Court - Success or Not ?

Postby newmannewy » Thu Feb 24, 2011 3:37 pm

Well as a few of you may know.. I got done for riding a motorbike:
Driving with no license
Failure to stop
No Insurance
Speeding doing 70 in a 30mph

Well I've been to court today and although not 100% success I think I've done ok.
First off I was shitting myself - make no bones about it, I was flushed, red faced & kinda nervous as hell.. It was my first time in court & I had no idea what goes on. (on reflection its a bit like waiting in a doctors surgery).. Anyway this is what happened..

First I was called to the court and was asked if I was (the Person).. I did not ascribe to the person. I stated I am the authorised representative for the legal fiction person. Clerk & Magistrates looked at me a bit freaked out.. (my witness reckons the Clerk took a big gulp when I said this and she looked a bit nervous).. Clerk said so we will take note that the PERSON is not present today..
I says: Well if you will not take note that the PERSON is not represented today then you must also take note that the prosecution is not represented here today either as we are both acting under third party - are we not ?..

Clerk says so who are you?.. I says.. Im a child of god, a Christian man you may call me by my Christian name Garry. I'm here to help and assist the court in settling this case..

Clerk turns to the Magistrates & mutters some shit asking if the magistrate was happy to continue.. and we proceed. The prosecution reads out the summons that I had completed and sent back (I had previously plead guilty by post - The reason being was to go to peace. I had previously made a formal offer of NOTICE OF SETTLEMENT for £500 to settle the matter before I went to court. This was rejected & the cheque was subsequently sent back a few days before court.)

After the prosecutor said her peace about my PERSON driving around committing unspeakable crimes.. Basically putting up the evidence.. Then they asked me for my If this was right.. I said I believe that is correct.. (As there is no point arguing with the court you go into dishonour).

Now clerk asks me for my defence. I said "Does the court have a duty to protect the public ?"

Clerk & magistrates go to mutter something.. And as they look a bit perplexed I start my pre-prepared little speech.. Which went like this..(word for word - as I printed it out and read it out)

"Well if you take away my PERSONS benefit of driving in accordance with a license then I believe that may be putting the public at risk. As a man's free right to travel is already enshrined in law, and is unalienable (meaning it cannot be deprived), After all the law does no grant rights it asserts them.

The only laws that grant anything are statutory instruments granting PERSONS the ability to act under third party liability, in the sense that they are acting with a form of insurance). So if you remove the benefit granted to my PERSON acting under third party liability it will not negatively impact on ones ability to travel. But it may impact negatively on the public should any unforseen accidents arise in the future that arise from one exercising his free right to travel..

For this reason I see no reason or benefit to the public why any encumbrance, point or impairment should be applied to my PERSONS license. As im sure the court & the public would favour one acting under third party liability as opposed to full liability." - the end!.

They all looked a little took back by my speech.. A little dumbstruck.. But the clerk kinda smiled to herself.. And she knew that I knew what was going on.. (I gotta add she was a nice lady - cause I was still kinda red faced and sweating)..

Anyway the court retire and come out 20 mins later.. I did not stand for the court as I had my back to them and was still standing from when they left. The magistrates reeled off the offences & how many points they should have.. And then she reeled off how much money I should pay.. Then there was a 10 second silence..

I say "I decline your offer of sentence" and look justice clear in the eye..
Clerk jumps in and says it is not an offer..You cannot decline a sentence & shoots a look across to a few briefs now sat on the one side..
I says yes it is under "Archbold - criminal pleadings etc" (No idea if that's true - It just came out my mouth.. lol)..
All justices (3) and clerk collectively say no it isn't.. I figure at this point im only going to anger them & they might increase the offer rather than decrease it. So I say ok.. I would like to effect payment immediately. Is that ok..
Clerk says "yes".
I say I would like to effect payment by way of a Incohate Instrument in accordance with the bills of exchange act 1882.. And clerk a little flustered says .. NO.. You see the payment officer.. As im about 3 feet away from her with a piece of paper in hand with a signature on it.. (I didn't quite hand it over to her, but think I really should of there and then)..

Anyway I got a 56 day ban! & £565 fine.. which considering what I was up for isn't too shabby..

I went into the payment officers desk and attempted to pay with a blank piece of paper, with just my signature on it.. This discussion went on for 10 minutes. Her telling me it was not money. And me telling her, that money doesn't exist and hasn't since 1931 gold standard act etc, and that their is no lawful money. And produced a £20 note and pointed out "I promise to pay the bearer on demand the sum of £20".. I informed her there is no legal money only promisses to pay.. It went on for 10 minutes or so.. .. with the officer accepting that she would send the instrument with the case files.. And I got her to write on the case file.. "Instrument tendered for payment" And got her to sign her name under it.. :D

All in all I got a 56 day driving ban (which is nothing really).. I think they only gave it so they could show "justice had been done" on their paperwork. A bit of a token ban.. And a £565 fine.. Which im hoping has been settled via the Inchoate Instrument I gave the payment officer..

I guess we shall see! And that's how it went - my first time in court - shittin bricks - but said what I thought I needed to say, and I fully believe that it did help my cause - I think 56 day ban is not too bad.. Next time I will stand on common law & not even enter their criminal network... yaba dabba doo!!
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Re: Newmannewy Went To Court - Success or Not ?

Postby jonboy » Thu Feb 24, 2011 8:07 pm

Success I'd say :cheer:

So your PERSON got banned from DRIVING, big deal :wink: You didnt get banned from travelling, and good work in the payments office :yes:
"Reason is the life of the law; nay, the common law itself is nothing else but reason. The law which is perfection of reason" Sir Edward Coke 1552-1634.

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Re: Newmannewy Went To Court - Success or Not ?

Postby huntingross » Thu Feb 24, 2011 10:04 pm

Payment with an inchoate instrument.....nice......

What limit on the authority did you give them to complete it.
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Re: Newmannewy Went To Court - Success or Not ?

Postby newmannewy » Fri Feb 25, 2011 12:00 am

huntingross wrote:What limit on the authority did you give them to complete it.



No idea about limit - I just made HMCS the payee, titled it a promissory note and for the referee i put "first lord of the treasury".. aka.. David Cabage faced cameron.. :giggle:
Put amount £565 and signed my name..
Because from what Ive read. If they do not accept the instrument then they have to go see the referee.. i.e "cameron" to sort it out..

I found that perticularily amusing to myself :cheer:
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Re: Newmannewy Went To Court - Success or Not ?

Postby enegiss » Fri Feb 25, 2011 1:31 am

newmanney, that was a great post, well done :giggle: :shake: :clap: peace and light
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Re: Newmannewy Went To Court - Success or Not ?

Postby MikeThomas » Fri Feb 25, 2011 11:15 am

Remember to make sure that (if they refuse this method of payment) they return your paperwork with your signature. If they don't return it then they have (in effect) 'accepted' it as a method of payment.
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Re: Newmannewy Went To Court - Success or Not ?

Postby kenb » Fri Feb 25, 2011 5:56 pm

Well done mate, and well executed under stress, keep us updated mate. :shake: :yes:
Peace, luv and light :sun:
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Re: Newmannewy Went To Court - Success or Not ?

Postby newmannewy » Fri Mar 04, 2011 10:59 pm

got my letters today from the court stating I owe them money.. so i phoned them up and asked what they did with my "instrument". They says they do not recognise it, and its just a piece of paper.. I says but so are bank of england bank notes.. They says well you have 28 days to pay and we dont give a flyinf f**k about what the bills of exchange act says.. So pay up or face prison!.

so there you have it folks.. whats a man to do.. cant be arsed to sit in a cell for a few months especially knowing that it wont change anything.. they refuse to accept any form of payment other than debt based promissory notes of the bank of england.. so whats a man to do ? :thinks:
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Re: Newmannewy Went To Court - Success or Not ?

Postby huntingross » Fri Mar 04, 2011 11:12 pm

It's shit when they don't even abide by their own Acts....you could tender a promissory note as defined under the same Act. Maybe you didn't give them sufficient authority to complete the inchoate instrument as required under that section of the Act.

I also thought you had decided to leave the forum and not return because we were elitist.
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Re: Newmannewy Went To Court - Success or Not ?

Postby newmannewy » Sat Mar 05, 2011 8:42 am

huntingross wrote:It's shit when they don't even abide by their own Acts....you could tender a promissory note as defined under the same Act. Maybe you didn't give them sufficient authority to complete the inchoate instrument as required under that section of the Act.
I also thought you had decided to leave the forum and not return because we were elitist.


Hi

How do I give them authority to complete the instrument ? Surely they have the authority as holders in due course..

And I did leave the forum, but figured theres some good folks on here. Im not prepared to allow a few bad apples spoil my own learning. I will just be ignoring those people with a negative mindset as they attempt to interact with me. Its their problem not mine.


I even phoned the magistrates association - the people who train magistrates to ask them if they "magistrates" have to abide by statutory law.. The guy just laughed like a smug twat down the phone and asked why.. I says, cause I recieved a fine & paid using an instrument in accordance with the bills of exchange act 1882.. He says you need to speak with the clerk who dealt with the issue.. I says well I did and they rejected the payment.. he says I cant help ya.. I says but you are the people who train these people so surely you should know if magistrates have to abide by statutory law.. Thats is all im asking.. (I wanted to know incase they are somehow exempt from statutory law in some way).. He wouldnt say anything.. So I phoned ministry of Justice.. Asked the same question.. Are magistrates supposed to abide by statutory instruments.. because I paid using an instrument etc.. They say sorry were not legally trained & that I would need to seek legal advice.. so there you have it.. passing the buck, utterly useless & no straight answers..

regards

newy
Last edited by newmannewy on Sat Mar 05, 2011 8:50 am, edited 2 times in total.
http://www.thebigwakeup.co.uk - My own personal site dedicated to helping newbies wake up and see the bigger picture.
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