Newmannewy Went To Court - Success or Not ?

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Re: Newmannewy Went To Court - Success or Not ?

Postby mr100 » Sat Mar 05, 2011 8:44 am

i enjoyed reading that thread. but the snide comment from huntingross seemed unfair and rude.
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Re: Newmannewy Went To Court - Success or Not ?

Postby newmannewy » Sat Mar 05, 2011 8:53 am

mr100 wrote:i enjoyed reading that thread. but the snide comment from huntingross seemed unfair and rude.


No snide comments from huntingross.. It was in reference to another thread and another interaction with other members.. That was blown out of proportion.. Not to worry mr100 - all is good :yes:
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Re: Newmannewy Went To Court - Success or Not ?

Postby mr100 » Sat Mar 05, 2011 9:37 am

cool
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Re: Newmannewy Went To Court - Success or Not ?

Postby holy vehm » Sat Mar 05, 2011 9:38 am

newmannewy wrote: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..


In case you have not come across these links, they may help provide the answer you are looking for.

http://www.legislation.gov.uk/ukpga/1980/43 (magistrates' courts act 1980)

http://www.legislation.gov.uk/ukpga/1994/29/contents (police & magistrates courts act 1994)
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Re: Newmannewy Went To Court - Success or Not ?

Postby newmannewy » Sat Mar 05, 2011 2:09 pm

holy vehm wrote:In case you have not come across these links, they may help provide the answer you are looking for.

http://www.legislation.gov.uk/ukpga/1980/43 (magistrates' courts act 1980)

http://www.legislation.gov.uk/ukpga/1994/29/contents (police & magistrates courts act 1994)



I appreciate that statutes create these institutions and thus are regulated by statute. But it does not confirm if they have to abide by other statutes that are not directly related to them. the way I see it they "the court" is a "body corporate" & therefore has to abide by all statutes just as a person does. But if this is so, then how can they reject payment utilising a statute provision.

so are they just acting illegally and its my job to enforce the payment.. By notice of default ? etc.. the trouble I have is they have not expressly rejected the payment.. They just sent out the standard notice asking for the money. I phoned them to ask if the account had been paid or not. And they informed it no payment had been received. So if I do not effect payment 24th of March they will proceed again & attempt to extract payment + extra fees & possible imprisonment..

Now this pisses me off to the extreeme. force, coercion, force, threats, threats & more threats..

Now I appreciate the 3 step Notice process.. should possibly be the route to take. But upon reading many forum posts here & elsewhere, TPTB do not take these notices seriously.. And continue with their threats, force & coercion.. So what is the remedy ?

And its not the £565, its not like I couldnt pay it.. But its the principle of the matter that they can & do act illegally and ignore our attempts to act peacefully.
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Re: Newmannewy Went To Court - Success or Not ?

Postby huntingross » Sat Mar 05, 2011 5:41 pm

It is well worth pursuing the promissory note route, I have heard there has been success with the courts accepting them, although others are reluctant (councils especially).

I think the inchoate route was brave, but not surprised by the result.....when I first read it in the BoE Act, I just about spat my cornflakes out laughing.....
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Re: Newmannewy Went To Court - Success or Not ?

Postby newmannewy » Sat Mar 05, 2011 10:40 pm

huntingross wrote:I think the inchoate route was brave, but not surprised by the result.....when I first read it in the BoE Act, I just about spat my cornflakes out laughing.....


It just shows what a joke it is.. I read on TPUC about some lady who got arrested during a protest in London.. She got processed & taken to court, but refused everything the judge said and done. In the end they made her sign her name on a piece of paper and let her out.. straight away I thought Incohate instrument.. She has paid with her signature!! Not that she was aware of it as she was just glad to get out.

Im going to the court on this week to get all the names of the people involved and making a formal complaint against the lot of them.. Wether it has any effect or not. Im sure it will not look good on their record - refusing payment!

They havent even returned the instrument & stated that they have rejected it. So for all intent & purposes they have kinda accepted.. But im not prepared to wait that out and stake a claim on it in court when they pull me in for non payment of fine. Plus they switch offices, you write to one & a different one responds. I was apparently charged by the CPS but clerk of the justices done all the paper work (or rather his name was on it) - the payment office is something else but the enforcement of the payment is now with another office in a different town..

U know I had a phonecall with the "police enforcement office" And they apparently create & send out the summons.. I found that quite interesting that the police are sending out their own summonses.. And the guy admitted it wasnt a civil matter.. I said so its a criminal matter and he didnt respond.. (I thought yes mate cause its a bullshit quasi-legal adhesion contract isnt it.)

I shall think on it for a few days before i make my move.. I really need to find some contact details for the clerk of the justices.. But cant find it anywhere.. writing letters takes to long. I want to meet face to face. Anyone know where the clerks are based ? would it be the local council or crown court or somwehre else... :thinks:
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Re: Newmannewy Went To Court - Success or Not ?

Postby MikeThomas » Sun Mar 06, 2011 12:42 pm

If they've NOT returned the instrument then it is considered 'accepted'. They cannot 'refuse' the method of payment without returning it to the originator. They have accepted the 'contract' until they return your property :yes:
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Re: Newmannewy Went To Court - Success or Not ?

Postby newmannewy » Sun Mar 06, 2011 3:51 pm

MikeThomas wrote:If they've NOT returned the instrument then it is considered 'accepted'. They cannot 'refuse' the method of payment without returning it to the originator. They have accepted the 'contract' until they return your property :yes:



do you have any case law or law where this is the case. I know this is in commercial law but I do not have anywhere to cite it from.
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