Failure to notify. Another case!

[paul kennedy]

Dear Number 6

 

Losing in the Magistrates is such good news. You cannot hurt the the DVLA in the magistrates court. They will find it difficult to stop your appeal to the Crown court though they are likely to try to as in my case. Judges are getting fed up with the DVLA using the legal system as a bullying instrument and each case that gets to them is a nail in the coffin of this practice.

 

PLease quote that the DVLA have made assurances that they are not using the courts in this way in court in my case and they are doing it again.

 

You don't need to appoint a barrister you can do it yourself or I will help you for nothing. Nothing better than having a barrister appointed by the DVLA squirming uncomfortably in front of the judge. The case is so open and shut that I ate the DVLA Barrister for breakfast. It was so sweet. I said to the Judge that I felt that the DVLA should be ashamed of themselves and be highly embarrassed. He said yes Mr Kennedy I do believe that they are .

 

DO NOT BACK DOWN NOW Regards Paul

Edited May 25, 2012 by MARTIN3030

[paul kennedy]

Sorry How rude of me , forgot my manners in all the excitement !

 

Evening, good friends of the CAG especially Ray Kay You are THE MAN . So nice to read that you are all still at it helping people out like you did me. I am so grateful to you all for what you did. Best wishes Paul

[paul kennedy]

Hi Number 6 Tony P,

 

I can understand your concerns about making the case too visible but I don't really think this is a problem. As long as you sent the notification and your conscience is clear as mine was then I suggest you should not fear publicising your arguments because you will not need any element of surprise. Just stroll in through the front door and let them do the worrying. Judges are on the whole highly intelligent and reasoned fair minded people and they know the law and you will win.

 

Regards Paul

[paul kennedy]

Congratulations Number 6. I didnt have to do anything at this point but I dont quite recognised some of the terms you use. I'm sure somebody else on the forum will but I simply rang the court and got them to explain anything I wasn't completely clear about because they deal with these expressions all the time.

 

Now its time for the DVLA to brief their Barrister but there isn't one in the country who can win this case against you if you simply present the case as outlined so often on this forum ! and you have no legal training SWEET !

 

Best wishes Paul

[paul kennedy]

Judgement Day Aug 24 I doubt it !

 

Well Done Number 6. I'm thinking of coming up to support but not booking my ticket just yet !

 

Your move DVLA .

 

Best wishes Paul

[paul kennedy]

Dear Number 6, I am really sorry. I have given you a lot of encouragement to continue with your appeal because I absolutely believed you would win because having spent a lot of time on this issue myself the argument, I thought is a clear one. I am completely shocked your appeal was dismissed. We need to find out exactly what was the legal argument that supported this verdict and if it is as suspect as it would appear then it needs to be challenged further because if this is used as precedent we could see large numbers of other innocent victims of the DVLA as a result. It could be carnage !

 

I am wondering if we could all combine and raise the money to fund a further appeal to a higher court to properly settle what would appear to be a terrible miscarriage of justice.

 

First thing is to find out why this argument that we thought we knew so well was lost.

 

Still can't really believe it

 

Paul

[paul kennedy]

Dear Tony P and Surfboy. I could hardly sleep last night because I could not work out how Number 6 had lost. He contacted me this morning and said that Judge ruled that Interpretation act does not apply because the regulations make no mention of service by post.

 

Sounds clearly wrong to me and I was much encouraged that DVLA have not discovered some clever legal defence.

 

Number 6 is willing to fight on but cannot take further financial damage. I would be really interested in us all getting together and setting up a fund to collect returnable donation from all who would be prepared to support this case.

 

Number 6 is absolutely adamant hat he sent the slip so this is clearly a miscarriage of justice that needs to be put right. Next stage I believe is Court of Appeal.

 

Does anybody know how we could set up a donation system that is clearly transparent and could deal with donation and return of monies once the case is hopefully won. We need also to consider how to publicise that the fight is going on.

 

Perhaps we could set up some kind of committee . If anybody who is interested or has relevant experience could let me know and I will pass ideas on to Number 6 who is justifiably in a state of shock today after his ordeal but clearly willing to fight on.

 

This could be such a significant case for so many future victims of the DVLA !

 

Regards Paul

[paul kennedy]

I am really sad that Number 6 lost . I am certain that there is a winnable appeal to the Court of appeal in this case but I appreciate Number 6's reasons for wanting to draw a line under his bad experience. Ironically though in my opinion the victory for the DVLA will be short lived. If the DVLA starts getting confident as it seems in post 93 it is only a matter of time before this is revisited at the crown court and a proper verdict is delivered. Like the post nehpets !

 

Absolutely Ridiculous DVLA !!!!!!!!!!!!!!!!!!!!!!!!