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paul kennedy

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  1. 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 !!!!!!!!!!!!!!!!!!!!!!!!
  2. 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
  3. 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
  4. Absolutely Number 6 ( Pete) Worcester Crown court 10am . We should all be there with him really it is that significant. Dvla have not given court notice that they are not going to oppose it as they did with me . Can precedent still be set if it is unopposed tomorrow ? I would assume so but perhaps somebody knows the exact position on this. I think you are stuffed on this one DVLA ! About time. Thanks Pete you are doing everybody a massive favour Well Done Regards Paul
  5. 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
  6. No you don't need a lawyer or Barrister to deal with a basic mistake like this. Plenty of expertise on this forum to deal with both setting aside the judgement and then winning the case should the DVLA be stupid enough to pursue it, and they might be. Initially get the judgement set aside and see where it goes from there. I have been through this situation myself so dont hesitate to ask here if you want any support. Your defence is sound. Best wishes Paul
  7. 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
  8. Hi Simon, There is nothing weak about your case ! Please fight it because the DVLA bully boys must not be allowed to get away with it. I will help you all I can . I took my similar case to the Crown Court without representation and was well received by the Judge you must just make sure you do you homework and know what is going on. Magistrates court first anyway and nothing to be scared of there. Magistrates are generally nice well meaning good citizens who rely on legal advice from the court clerk who often seem over impressed by the DVLA rhetoric, they were in my case anyway ! I suggest you simply state the truth and hope that the DVLA roll you over with their impressive sounding lies ! Then appeal and take them on in the Crown court where you will receive considered Legal judgement and win for sure. Hopefully eventually the Crown Court will get fed up with their time being wasted by the DVLA and deliver a legal ruling to all the magistrates courts or something more direct to the DVLA. I found the who;e thing a great learning experience thanks to Dragons Denis ,Ray Kay , Post ggi etc from this forum. Dont whatever you do pay a DVLA fine for something you haven't done it just encourages then !! Best wishes Paul PM me if you want and I will give you my phone number.
  9. Hi Poor boy. I know what it feels like to be under attack by the DVLA and I am sorry it is happening to you as well. Please do read the details of my case and there are several others like mine though mine is the only one that has got as faras the Crown Court to date that I know. I have a lot of time and respect for the British Legal system and it is simply being abused by the DVLA. No doubt there are some people who do not bother to complete the relevant paperwork but it up to the Dvla to devise a better system to counteract this. Unfortunately the present one is just too lucrative for then with most law abiding citizens terrified with the idea of being taken to court simply coffing up. I was gutted when I went to the Magistrates court with my honest account of what happened and although receiving considerable sympathy from the magistrates lost ! This forum saved me , Thank you again Dragons Dennis , Ray Kay, Postggi etc. I now realise that losing at the magistrates who are just good citizens sorting out simple cases reasonably, Not legally trained was the best thing I could have done. I suggest you do the same . Take the simple truth to them and if the Dvla bully boys roll you over with their lies then embarass them again at the Crown Court where you really do get some considered legal attention and will most certainly win your case. Number 6 is in the process of doing this very thing on July 16. The Crown Court Judges will soon get fed up with their valuable time being taken up by the DVLA and the sharp rap across the knuckles they were given in my case will soon escalate to something more formal. Perhaps a notice to all the magistrates court defining the legal position or something more direct to the DVLA. You will win have no doubt of that its just a matter of how brave you are and whether you have the time to take it to CC . I victory at the Magistrates court counts for little because it sets no legal precedent It was an excellent learning experience for me that reinforced my respect for the legal system and especially the Judges that I observed at the Crown Court because I was able to veiw several other cases whilst waiting for my own to be heard. Best wishes Paul Kennedy
  10. 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
  11. 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
  12. 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
  13. Hello SwanseaFan Get in there ! I wish it was me again because DVLA really need to be taught a lesson. I would be tempted to present an honest but meek case to the magistrates in a hope that the DVLA might win the first round because the appeal to the Crown Court is the place to do their dishonest practice the most damage. They tried to pull out of my appeal at the last minute but the judge would not let them and demanded to know why they had taken it thus far ! They had to make assurances that they were not using the law courts effectively as a bullying tool which of course we know they are. Getting them back at Crown court a few times will cause the judges to get really angry and do something about it. Best wishes Paul Kennedy
  14. Dear vaping andy, Ray Kay is a CAG hero whose advice helped me take DVLA to the Crown court and win. Batting for the other side ! you are having a laugh and I suggest you apologise. What you do not want is somebody telling you you have a legal case when you dont because although it might make you feel better it could cost you dear in the courts. Hope you see sense. Regards Paul Kennedy
  15. Could you update us on this matter please. Also do you know who the first private seller you sold the car to and was there a written agreement that the plate was not included. This matter does not seem fair on you at all as somebody has sold on property that was not theirs to sell. Hope this can be sorted. Best wishes P Just out of interest 20K must have been an obviously valuable plate. What was it.
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