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About TofuMan

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  1. When dealing with State Agencies I record ALL telephone conversations, I request as far as possible all communications in writing and I make copies of any documents I have to send and send them special delivery. I tell everyone to do the same - we all should. I have found State Agencies are riddled with cowardly liars who will do or say anything to avoid responsibility for a failure. Obviously the culture inside these agencies is all about blaming each other - so no one wants to deal with a problem when you bring it to their attention.
  2. Yes, I am not surprised the public are confused and the DVLA should not get to blame us for not understanding. They FAIL in their duty of care to properly advise the public. I think that this should be in driving test theory, explicit in Highway Code, and when applying to SORN your car there should be access to far clearer information than currently exists... (better than a vague statement about your drive or garage). However - back to my case, under VERA there is no 'Highway' it is only by inference that 'road' may be understood to mean 'highway' and therefore encompass the fence
  3. Yes - Prima Facie - meaning [from Latin, On the first appearance.] A fact presumed to be true unless it is disproved. In definitions of 'road', people must have open access to use it as a road - they should not have had to overcome an obstacle such as a fence... I suppose some legal brain thought this may be a defence in that case. Of course, the court viewed 'at first appearance' it was obviously the case that crash barriers are intended to provide safety for drivers rather than act as a fence to create boundary of some kind - but the matter still benefited from their further invest
  4. Oh yes I did read that - thanks. Useful link for others too perhaps. I'll read it through again. There was a reason why I felt it was't applicable to me, I think because this land was not deliberately being put to the purpose of parking... so they were just deliberating whether the edge of the road was the barrier or the neighbouring boundaries... in determining if the offence was applicable in that case. I probably made some notes on it too. I'll be back later this evening perhaps
  5. Yes. I think in most instances a Court would agree with that, where there is parking on the 'road' itself... where for example the carriageway surface has been painted with bays. (Despite the Lords saying once you mark out a bay that stops being a road! That specific point needs testing in Court) That is the reason I parked where I did - I considered the parking along the carriageway itself to be 'public road'. I think that this might be an erroneous approach where dealing with a piece of land that was constructed specifically for parking. Because then the land in question was create
  6. Thank you, Silverfox. I think we both appreciate that many people now and in the years to come, will visit this site in a rather desperate need for help and advice. The last thing folks need is to see people simply bickering and getting personal. I think we are both mainly concerned to get to the truth and how the law should function rather than 'win' an argument. For my part I want to try and leave behind a thread that will hopefully help a few people who are struggling to deal with the DVLA in this particular situation - and Raykay's challenges are actually helpful in that regard ... h
  7. Yes they should. If I was wrong I was going to have to pay THOUSANDS of pounds (backdated car tax, costs, victim surcharge and storage fees of £21 per day from September to April)... so it was not something I treated lightly!! You are right to caution readers - such situations are unusual - I am not telling anyone 'how to beat the DVLA'. I am advising only of what the relevant law in my case was - how the points of law were argued and how my case tested a legal precedent successfully. Everyone must weigh up the risk they are taking and decide based on all the facts and the law in questi
  8. I came home from work today to find my car had been returned from the pound... they even kindly placed it back in exactly the same parking bay! So far, not a single apologetic word. I guess I'll have to make sure they feel very sorry indeed.
  9. Disgraceful arrogance!! Factually incorrect too, as Parliament decides - point that out next time! Sadly its a very common attitude among the Govt Agencies. They are full of nasty little people feeding off the crumbs of power falling from higher tables. It is a shame you did not record that statement. You can you know - it's not illegal (I don't want people to post on that - I know for a fact as my bro was a fraud investigator). Public interest, investigation of potentially unlawful activities, maybe you have terrible memory and want a 'word perfect' record of your conversation - it is
  10. DVLA/NSL may have thought this was how to look at it... but a Court decided it wasn't. DVLA decided not to appeal against losing my case... if they are so sure of the law, why not fight on? I understand your point though - the term 'highway' is considered by many people to be a 'catch all', especially when people see the 'any public place' part (which shouldn't apply in Section 29 VERA cases). Unfortunately, after 9 months of reading forums and reading legislation it seems many people can't tell the difference between different terms and the limits to where they apply... cer
  11. Yes I think I may have come across that too in the research I did. The general view on this seems to be its boundary to boundary as you say - derived from Section 192 of RTA rather than VERA's own definition. However, things can theoretically exist between the two edges that may not form part of the road that are NOT highway In the case of the JCB (or whatever it was) that was parked up over the crash barrier they assumed that land beyond it was not road because no one drove along it and the crash barrier formed the extent of the road... However, while I think it was rather extreme
  12. How does it go..?? 'To err is human but...' to really mess up you have to employ mindless dogmatic cowards. Something like that
  13. Extract of my 'Skeleton Argument' relating to 'Public Road vs 'Highway' used in Southampton Magistrates Court: Case 1400515280 D A Eadie v DVLA ------------------------ 1. I have committed no offence under Section 29 of the Vehicle Excise and Registration Act 1994, nor any other part of that Act because for the period in question the vehicle was subject to a Statutory Off Road Notification and was not used or kept on ‘public road’. 2. Consequently the DVLA’s action of clamping and impounding my car was unlawful and their prosecution of me is also unlawful. The Issue in this Case
  14. Yes it was important to focus on that precedent because it dealt very specifically with the question at hand; Is something that LOOKS like a car park, is USED as a car park and was described by the council 30 years ago as somewhere the residents should PARK THEIR CARS, actually a car park... if so then it cannot be a road. But Clarke vs Kato also describe the 4 tests... does it lead from one place to another, have defined edges, etc... You have to remember I was being prosecuted under VERA. VERA only has 'Road' and 'Public Road'. It doesn't use 'Highway' once in the whole act and in
  15. Correct - Clark vs Kato is not a guaranteed 'get out of jail' ticket for everyone... I am ONLY commenting on MY OWN case so others can understand how and why I was successful in defending against the prosecution. I am not very interested in playing out hypothetical untested interpretations. I do not think these are very helpful to people visiting these forums. I have spent 9 months reading the forums before joining and posting so I have seen and read a lot of guff. Facts and experience would be valuable over opinion really. I am only trying to show what happened in my case in the REAL WOR
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