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Patma
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I ask you why would 'evidence' which might at best be misconceived & at worst false ie caution et'all go missing ............ let me think brain hurts

 

We're scratching our heads on this too JonCris.

We can think of several scenarios.

Scenario 1, The Police officer who arrested Fred and administered the caution subsequently changed his mind and omitted to tell Fred, his solicitor or the other side.

2, The officer forgot to enter the caution into the system and all the other evidence just got "lost". Not being familiar with police methods, I don't know feasible this option is.

3, In January 2008 when Lyons Davidson wrote to Devon and Cornwall police seeking evidence of the caution to use in the court claim they were planning, whoever found it saw it was completely flawed and removed it at that point, together with the physical evidence. (Again this one sounds far-fetched too)

 

4, Can't think of any more , my brain is struggling too......

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Patma - don't go public too early. The judicial system (& the police) may not prove too co-operative if you blast it all over the press at this stage. Plus if you wait for the whole story, Fred might be able to make a bob or two for his version ;)

 

I may be able to source contacts, will check & PM you.

Thanks foolishgirl

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Initially you may get a better chance of the media taking an interest if you contact a local paper.If it proves a big enough story, the Nationals would then take an interest.

 

True, thanks electron99. The problem with our local paper though is that it's fiercely loyal to the establishment and Plymouth College of Art is very much a part of the local establishment.

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We're scratching our heads on this too JonCris.

We can think of several scenarios.

Scenario 1, The Police officer who arrested Fred and administered the caution subsequently changed his mind and omitted to tell Fred, his solicitor or the other side.

2, The officer forgot to enter the caution into the system and all the other evidence just got "lost". Not being familiar with police methods, I don't know feasible this option is.

3, In January 2008 when Lyons Davidson wrote to Devon and Cornwall police seeking evidence of the caution to use in the court claim they were planning, whoever found it saw it was completely flawed and removed it at that point, together with the physical evidence. (Again this one sounds far-fetched too)

 

4, Can't think of any more , my brain is struggling too......

 

 

'Ows about the police realized that having seen the complete video they had been conned by 'someone' so removed/cancelled any record

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'Ows about the police realized that having seen the complete video they had been conned by 'someone' so removed/cancelled any record

 

Yes that must be a strong possibility JonCris. The question then arises as to when the complete CD came into their possession and as far as we can guess that would have been when Fred and I took it along to the Police Station where he was cautioned along with a dossier of evidence. This was in July this year after we'd been given the CD.

At that visit we were treated rather dismissively and the Sergeant who received the stuff from us refused to give a receipt for it or to properly enter it into the logbook, saying receipts weren't given any more.He grudgingly agreed to look into it though. When we attempted to contact him a week later to provide further evidence, we were told he was on leave for over a month. We then asked to whom our dossier of evidence had been passed then and were informed it could not be found.

We contacted Professional Standards who probably did a bit of prodding behind the scenes and eventually after several weeks after we'd written to a Chief Superintendent, we were granted a meeting with the Senior Legal Adviser at Headquarters. He produced an identical copy of the CD we'd handed in and so far that has been all they've been able to produce.

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There's a flaw in what I said in the last post, sorry. I was forgetting the important fact that the Police informed Lyons Davidson in 2008 that no evidence of any caution existed.

Lyons Davidson began writing to D&C Police in January 2008 asking for evidence of the caution for their planned court action. There were a number of letters went to and fro and culminated in this statement of the Police on 1st December 2008........

 

“We have liaised with a number of colleagues within the Constabulary and unfortunately have been unable to locate any paperwork, or crimefile in relation to this matter. Similarly we have been unable to locate the incident on our computerised logging system.”

 

Perhaps Lyons Davidson sent a copy of the same cd to the police back in 2008, but when we asked LD for a copy of the cctv footage in March 09 they claimed it wasn't yet available.

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I have very little court experience but if you don't get a better offer (and I would hope that you do) I'd be more than willing to give it a read/translation.

 

Is TLD off the case now?

Thankyou bedlington, your help is very welcome.

Not sure what's happening with TLD, but I'm hoping he's ok.He hasn't been available for a while now.

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Just to clarify the stage we're at regarding the court . As things stand at the moment, there's an Applications Hearing set to take place immediately before the full hearing on 17th November.

The judge ordered that Fred's application to submit his amended defence would be decided in this applications hearing,after ordering the other side to comment, likewise Fred's application to submit his fully particularised counterclaim and we thought this was rather late in the day to decide two such important issues. Furthermore Lyons Davidson's application to file their amended POC including the caution was accepted unconditionally by the judge. A few days ago we filed applications to have both matters allowed without a hearing and so there should be responses coming through any day.

 

Lyons Davidson have gone very quiet and haven't responded to our last two letters, reminding them amongst other things that they still haven't properly complied with the judge's disclosure order of 3rd July.:eek:

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Lyons Davidson have gone very quiet and haven't responded to our last two letters, reminding them amongst other things that they still haven't properly complied with the judge's disclosure order of 3rd July.:eek:

 

Hmm...discontinuance coming? :rolleyes: Maybe the penny's dropped?

 

Media issue is still simmering patma.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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;)

Hmm...discontinuance coming? Maybe the penny's dropped?

 

Media issue is still simmering patma.

Thanks FG, you're doing a great job. What a team!:D

 

Discontinuance would be a wise choice on their part ;):cool::D

This weekend Fred and I will be cooking up a plan which was first suggested by TLD when I last heard from him and make no mistake it's a corker!:D

 

I promise you'll hear about it once it's safely been fired off.:cool:

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havent htey already pushed for discontinuance and had it disallowed

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Jeez what a Rollercoaster. Its taken me 4 hrs to get through all this Iv'e got square eyes now..

 

All i can say is well done so far. And stick it to em good and proper.

 

Its fantastic when the Little man wins.

 

Cant wait for the next big update.

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Any update yet ?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Nothing at the moment Mr Shed. We're still waiting to hear the results of the last applications and in fact are going to drop into the court tomorrow to see if we can find out why the delay.

The police too are being slow and at the end of last week we sent them quite a stiff letter to let them know we won't wait indefinitely and reminding them we can always lodge a complaint with the IPCC.

Lyons Davidson are maintaining their silence too.

The corking letters I hinted about though have been completed and will be posted tomorrow. As soon as I know they've been safely delivered I'll spill the beans.:)

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I've re-visited Plymouth College of Art website the last few days to read through some more of the minutes and other corporate info, but none of the links work any more. Naughty, naughty,:rolleyes::eek: I think someone isn't happy at all the useful information and evidence those pages have turned up.

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I've re-visited Plymouth College of Art website the last few days to read through some more of the minutes and other corporate info, but none of the links work any more. Naughty, naughty,:rolleyes::eek: I think someone isn't happy at all the useful information and evidence those pages have turned up.

 

I'd be more inclined to think they dont want to make it public (read let CAG know) How much they are papping themselves

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Fred has enquired at the court today as to what the progress is with his two applications filed with the court a fortnight ago and he was told "They are proceeding through the system.

Unfortunately a number of matters in this case have diappeared into the system and never emerged, so a letter was delivered today reminding the court that a response is outstanding for these particular applications.

The turnaround time of late for applications has been about a week, so we're intrigued as to why these ones seem to be held up.

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I've re-visited Plymouth College of Art website the last few days to read through some more of the minutes and other corporate info, but none of the links work any more. Naughty, naughty,:rolleyes::shock: I think someone isn't happy at all the useful information and evidence those pages have turned up.

 

You may still be able to find some of the pages in Google Cache.

 

Yorky

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I've re-visited Plymouth College of Art website the last few days to read through some more of the minutes and other corporate info, but none of the links work any more. Naughty, naughty,:rolleyes::eek: I think someone isn't happy at all the useful information and evidence those pages have turned up.
As Yorky states - Google has a cache of many of the pages.

 

So does the Wayback machine.

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