The Four Corner Rule

[pleasuredome]

in the case of a s172 notice - the registered keeper is REQUIRED BY LAW to give the name of the driver. if they fail to do so they themselves are prosecuted for failing to do so.

 

when this process was challenged under the Human rights act the EU court held that simply by DRIVING A CAR the driver agreed to forfeit some of their rights.

 

so what happens if they do not know who drove the car? they are prosectued for not knowing?

[flyingdoc]

pretty much - there have been cases where the police have accepted this but on the whole if the RK refuses to identify the driver then they get prosecuted.

[pleasuredome]

Did you, by any chance, supply the defence in the Rankine Case?

 

would you like to explain, or am i to assume that its a ****take? if it is ****take, is it a usual habit of the site team to do so, particulary with new members?

 

i take it this case didnt go to well. did you support the defendants going into court in dishonour(if there was any) and controversy?

[flyingdoc]

the rankine case was one that was so badly defended that the case went against the consumer despite the law being so grossly in his favour. The DCA's now hold this up as some kind of precedent which it isnt.

 

it is not the habit of the site team to poke fun at new members, but then not many new members come on and advance such outlandish and outrageously dangerous advice.

 

Show me some proof that your theories work (and I am not talking about a fast talker flummoxing some flatfoot copper) I am talking about CASE LAW where your theories have been upheld then I will be prepared to listen and learn, but until then I must do my utmost to dissuade people from following your advice which I see as dangerous, and that will cost them dearly

 

and no we didnt provide advice for the rankine case - if we had - it wouldnt have been lost.

[pleasuredome]

pretty much - there have been cases where the police have accepted this but on the whole if the RK refuses to identify the driver then they get prosecuted.

 

refusing to inform is a bit different to claiming to have no knowledge of who drove. how can you inform on something you dont know?

 

on the EU ruling, yes who can argue that a DRIVER forfeits rights. a driver is someone who acts in commerce on the roads.

[pleasuredome]

it is not the habit of the site team to poke fun at new members, but then not many new members come on and advance such outlandish and outrageously dangerous advice.

 

im not here to give legal advice, im here to share info. are you here to give legal advice?

 

Show me some proof that your theories work (and I am not talking about a fast talker flummoxing some flatfoot copper) I am talking about CASE LAW where your theories have been upheld then I will be prepared to listen and learn, but until then I must do my utmost to dissuade people from following your advice which I see as dangerous, and that will cost them dearly

 

i've already posted links.

 

and no we didnt provide advice for the rankine case - if we had - it wouldnt have been lost.

 

thats not what i asked. so did you and the team or whoever else on here support them in going into court in dishonour(if there was any) and raising controversy?

[flyingdoc]

The rankine case went to court without any involvement of the CAG, we know nothing of them and they nothing of us.

 

You have given sites - none of which give anything other than propaganda - give me some case references.

 

we are here to give advice gleaned from research and experience. All the experience I have tells me that your information is going to cost some people lots of money.

[pleasuredome]

 

we are here to give advice gleaned from research and experience. All the experience I have tells me that your information is going to cost some people lots of money.

 

i hope website owners have insurance then.

 

ok, so the information i gave to happyfeet24 in regard to the DCA demands for money how much is it going to cost her if she decides to use it? £1 for recorded delivery? lets say she didnt do anything and just ignored the demands, how much will it cost her when she's taken to court?

[flyingdoc]

the website owners need no insurance - advice is offered freely and may be taken and discarded by those to whom it is offered at their own discretion. All those offering advice clearly identify the fact that this is not professional legal advice and comes with no warranty.

 

What will incorrect advice cost? well in the case of the DCA it may cost happyfeet the loss of the case when the case goes to court and the judge has an apoplectic fit at the travesty of a defence.

With regard to the speed camera offence it will cost the Registered Keeper at least 6 points and possibly several hundred pounds in a fine.

 

You may give as much information as you feel it is appropriate and I will continue to pester you to provide case law which supports your claims.

 

Who knows - you may even convert me - god knows I am crying out for a way to fight against the injustices that the legal system in the UK seems to support. However it will require far more than what is little more than mis-directed American evangelism

[pleasuredome]

What will incorrect advice cost? well in the case of the DCA it may cost happyfeet the loss of the case when the case goes to court and the judge has an apoplectic fit at the travesty of a defence.

 

tell me how it can go to court when she has accepted to pay on proof of a contract?

[flyingdoc]

it can very easily go to court we regularly say to DCA's show us a contract - that is what a cca is... they have no respect for the actual statutory laws so they will have absolutely NO respect for etherial protestations that individuals and human beings are not legally the same thing.

 

so the DCA's issue and the matter ends up in court - and you stand up in front of a judge who knows what - he knows the law.... so you start trying to be cute with him and you will have your gonads handed to you as you are kicked out of court having to pay the dca the costs and probably a contempt fine as well...

[pleasuredome]

so the DCA's issue and the matter ends up in court - and you stand up in front of a judge who knows what - he knows the law.... so you start trying to be cute with him and you will have your gonads handed to you as you are kicked out of court having to pay the dca the costs and probably a contempt fine as well...

 

so the judge looks in his file, sees a default judgment made by a notary public in your favour. the DCA are in contempt of court, and you say the judges order you to pay? there's either something seriously wrong in what you are doing, or there is something seriously wrong with the judges.

 

btw, what happened to your signature text?

[Mr lex]

People come on to CAG often in a state of distress. Some of the O/P's comments (which he has stated is not advice) may be taken to hart as advice and acted upon.

 

The site has proven methods (In a court of law) of dealing with the likes of DCA's. I have closed this thread to protect the vulnerable people who come here looking for help in case they are misled into trying something which is at best 'unproven'.

Edited January 5, 2009 by Mr lex